1,601,072
Hmmm seems like a legal question, I defer to your state's laws. There's a procedure for that in CA and it's not straightforward. Required time frames and notices and all that jazz. Best to consult your state legal hotline, broker or attorney.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Lew Corcoran
East Bridgewater, MA
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
David M. Dwares
Fort Lauderdale, FL
-
Brian L. Sirota, Esq.
Orange, CA
-
Bob "RealMan" Timm
Minot, ND
-
Ryan Huggins - Thousan...
Thousand Oaks, CA
-
Carla Freund
Raleigh, NC
-
Shayne Stone
Fulshear, TX
-
Thomas J. Nelson, REAL...
La Jolla, CA
2,108,695
In Illinois, property left abandoned in a home is considered a "gift".
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Clay R. Seay
Saint Augustine, FL
-
Lew Corcoran
East Bridgewater, MA
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Peter Mohylsky, Beach ...
Miramar Beach, FL
-
Shayne Stone
Fulshear, TX
-
Fred Griffin Florida R...
Tallahassee, FL
8,082,368
Follow the laws and regulations in your area. I would try to contact the seller to determine their intentions.
-
J.R. Schloemer
Louisville, KY
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Carla Freund
Raleigh, NC
-
Shayne Stone
Fulshear, TX
2,488,039
I think it would be rude of the buyer to keep items donated to a charity unless the charity has made it clear they they do not want the items Peter Mohylsky, Beach Broker . I'd say contact the charity and clarify if they want the donation or not. If they do ask when they can pick it up. If they do not want the items then charge the sellers for their disposal.
-
J.R. Schloemer
Louisville, KY
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
-
John Juarez
Fremont, CA
-
Shayne Stone
Fulshear, TX
-
Bob "RealMan" Timm
Minot, ND
1,530,444
I just went through this last month. We granted the seller extra time after closing to empty out the stuff they wanted to take and had a "X is the last day, anything left after that is abandoned" discussion with him and his agent. Extenuating circumstances, but still the same concept. After that, I sold some items off, took the detergent bottle of pennies to the store ($41.81 worth of pennies in there btw), and the rest will go to the dumpster when the remodel happens.
In the past, one seller left stuff behind they thought the buyer would like, but the items were basically trash. This was a normal buyer I represented, so I contacted the listing agent and told them to get it emptied. They eventually did, after I had to go and pull out the contract.
In your situation, I'd at the very least discuss with the listing agent that the seller will need to pay for a cleanout company to remove the items to the dump.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Lew Corcoran
East Bridgewater, MA
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
-
John Juarez
Fremont, CA
-
Shayne Stone
Fulshear, TX
-
Bob "RealMan" Timm
Minot, ND
5,141,150
Yes I was say so, but buyer should of done a walk thru for sure.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Tammy Lankford,
Eatonton, GA
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Carla Freund
Raleigh, NC
-
Shayne Stone
Fulshear, TX
4,915,320
Yes, I would think that is the case and most buyers won't want the responsibility of having to get rid of the stuff, haha.
-
Steve Penner
Winnipeg, MB
-
J.R. Schloemer
Louisville, KY
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Candice A. Donofrio
Fort Mohave, AZ
-
Peter Mohylsky, Beach ...
Miramar Beach, FL
1,090,915
What does the contract say? Ours says the seller is to leave the property free and clear of personal items and debris.
-
J.R. Schloemer
Louisville, KY
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Clay R. Seay
Saint Augustine, FL
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
2,828,327
Chalk it up to poor customer service/performance & failed human nature driven by "things happen". Don't sweat the small stuff. Choose boundaries
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Richie Alan Naggar
Riverside, CA
-
Shayne Stone
Fulshear, TX
-
Bob "RealMan" Timm
Minot, ND
-
Peter Mohylsky, Beach ...
Miramar Beach, FL
610,955
To me it doesn't matter if property is being Sold As-Is or Not. Once the Client takes possession of the property, everything left behind belongs to the Owner (unless that what stipulated within the Agreement prior to Closing).
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Shayne Stone
Fulshear, TX
-
Bob "RealMan" Timm
Minot, ND
2,699,557
The simple answer is "Yes". If the deal closed, the leftover items belong to / are the responsibility of the Buyer.
The longer, legal answer would probably be the same as "What about personal property left after a tenant eviction?" The tenant can no longer make any claim to that personal property if the value is less than $500.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Lew Corcoran
East Bridgewater, MA
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Shayne Stone
Fulshear, TX
590,433
Here in Massachusetts, the law regarding items left in a home can be tricky. If a property is sold "as is," you generally accept it in its current condition. The seller is responsible for removing their belongings before closing unless stated otherwise in the contract.
However, since the buyer did not schedule a final walkthrough, it complicates things. If the seller left items behind, the buyer might technically own those belongings. It is essential to check the sales contract for any specific clauses about personal property.
You should also consider the timing of the sale. If the seller agreed to remove the possessions, but charity failed to pick them up, this could influence your case. It’s best to ‘stay in your own lane’ and let legal counsel address this issue. Legal advice can clarify your rights and obligations. Taking action quickly can help resolve the issue or avoid future complications.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Shayne Stone
Fulshear, TX
937,178
Depends on your state and what the contract says. That could be deemed true in NC.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Shayne Stone
Fulshear, TX
-
Bob "RealMan" Timm
Minot, ND
917,543
Ask local attorney. If buyer doesn't want the junk, not sure if he forfeited the right to have it removed by seller if he closed without making the request. "As is" still means "broom clean" and not full of stuff.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Shayne Stone
Fulshear, TX
-
Bob "RealMan" Timm
Minot, ND
868,779
Alas the importance of a final walk through.....!
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Clay R. Seay
Saint Augustine, FL
-
Michael Elliott
Burlington Township, NJ
303,912
Most likely, I would ask your favorite Fla. attorney.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Brian England
Gilbert, AZ
5,428,929
Theoretically yes in both of my states (NC & SC) but, not sure about yours, Peter. What does the Closing attorney say?
-
J.R. Schloemer
Louisville, KY
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Brian England
Gilbert, AZ
6,622,030
I believe so, whether they want it or not.
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
John Juarez
Fremont, CA
-
Shayne Stone
Fulshear, TX
-
Bob "RealMan" Timm
Minot, ND
3,407,780
Follow the terms of the contract.
I had that happen back in the short sale days. When the seller realized that the $3000 or in some cases $10,000 would be used to clear out the "trash" they got it cleaned out fast.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
1,013,575
What does the contract say? Our forms state that the home must be "free of trash and debris" unless its condition is added to "additional as-is items". There's no way I would ever go to settlement with a buyer without a walk-through. If they can't attend, then I'll be Facetiming and recording video/pictures. If clean-out was agreed to in the contract then there could be a repair escrow until the task is accomplished, or - if the parties agree - settlement is postponed.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
3,208,170
Last time that happened the attorney held part of the seller's proceeds in escrow after closing to give the sellers 48 additional hours to get it out. They did not and buyers then had the funds to pay someone to "make it go away"
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
405,819
Our contract addresses the house being free of debris. As is doesn't change that it must be cleaned out. But who closes without a walk through?
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Tammy Lankford,
Eatonton, GA
876,542
Additional clauses in purchase contract include Seller to provide inventory list which Buyer signs. If Seller does not comply a credit is given to buyer in Florida.
I had a referral transaction in GA where the tenant promised to clear out the items under the home. 6 year tenants left like thieves in the night. Day of closing out of state Seller arrives in person and had to garner friends to come and haul everything away in 6 trailers on a Sunday prior to the Monday AM closing.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
480,589
Happens more than you think. Sellers think they are being kind by leaving items for the buyers and sometimes the buyer appreciates it and sometimes it is a burden.
Contract language means little to some parties. " broom clean" , " free of all personal items " lol.
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Tammy Lankford,
Eatonton, GA
5,423,191
It has been some time since I thought about this issue. The last time I did Alan May nailed it for Illinois and I believe it the same in Florida. Maybe the seller will give the buyer the name of the charity and the buyer can reschedule the removal?
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Peter Mohylsky, Beach ...
Miramar Beach, FL
448,938
Had something similar happen along these lines. Bank kept delaying, due to a special buyers' program, and then all of the sudden the closing was happening. To complicate things, there was a bunch of back and forth between the seller and buyer (as they were in a social circle together). Buyer showed up after closing and there was a garbage truck of personal effects left at the house...
The buyer just wanted the seller to leave and not come return, as s/he removed all of the remaining contents.
-
Bob "RealMan" Timm
Minot, ND
-
Doug Dawes
Topsfield, MA
-
Katina Hargrove 352-55...
Eustis, FL
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
513,191
Peter Mohylsky, Beach Broker
Where was the buyer's agent? Did it close? Was there a contingency on cleaning out prior to closing?
-
Debe Maxwell, CRS
Charlotte, NC
-
J.R. Schloemer
Louisville, KY
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
1,243,610
If the contract states all possessions to be removed from the property and they are not removed the buyer has recourse. BUT "possession is 9/10ths of the law", right? lol
-
Debe Maxwell, CRS
Charlotte, NC
-
J.R. Schloemer
Louisville, KY
-
Bob "RealMan" Timm
Minot, ND
513,134
Depends on the contract. Did the contract state that any personal property left behind would be included in the purchase? If it did not state in some way that the personal property was included, then NO, the buyer doesn't own the stuff.
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Doug Dawes
Topsfield, MA
2,240,270
Our State has laws concerning Abandoned Property ( of tenants) .
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
782,579
I have seen that most things left in the house would be considered "stuck with" as valuables are usually left in the house. Common sense is the best action such as asking the listing agent if there is anything the seller needs and also asking them to pick up items that are too large t get rid of.
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND