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Peter Mohylsky, Beach Broker, Call me at 850-517-7098 (PMI. Destin)

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Rainmaker
1,600,031
Thomas J. Nelson, REALTOR ® CRS,ABR,PSA,RCS-D, ePRO
Big Block Realty 858.232.8722 - La Jolla, CA
Serving Coastal San Diego, Veteran's & Seniors

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.

Sep 03, 2024 10:46 AM
Ambassador
2,107,885
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home again, home again...

In Illinois, property left abandoned in a home is considered a "gift".

Sep 03, 2024 10:48 AM
Rainmaker
8,076,350
Roy Kelley
Retired - Gaithersburg, MD

Follow the laws and regulations in your area. I would try to contact the seller to determine their intentions.

Sep 03, 2024 10:56 AM
Rainmaker
2,484,383
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

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.

Sep 03, 2024 12:49 PM
Rainmaker
1,529,664
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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.

Sep 03, 2024 12:37 PM
Rainmaker
5,135,764
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Yes I was say so, but buyer should of done a walk thru for sure.

Sep 03, 2024 10:51 AM
Ambassador
4,909,832
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

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.

Sep 04, 2024 04:24 AM
Rainmaker
1,090,225
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

What does the contract say? Ours says the seller is to leave the property free and clear of personal items and debris.

Sep 03, 2024 04:30 PM
Rainmaker
2,826,355
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Chalk it up to poor customer service/performance & failed human nature driven by "things happen". Don't sweat the small stuff. Choose boundaries

Sep 03, 2024 11:42 AM
Rainmaker
610,375
Shayne Stone
HomeSmart - Fulshear, TX
"Your Rock Solid Choice Realtor" RETIRED

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).

Sep 03, 2024 11:29 AM
Ambassador
2,699,066
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 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.

Sep 03, 2024 11:05 AM
Rainmaker
587,601
Lew Corcoran
Better Living Real Estate, LLC - East Bridgewater, MA
Expert guidance. Exceptional results.

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.

Sep 03, 2024 12:55 PM
Rainmaker
936,093
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

Depends on your state and what the contract says. That could be deemed true in NC.

Sep 03, 2024 11:56 AM
Rainmaker
916,833
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

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. 

Sep 03, 2024 11:30 AM
Rainmaker
868,309
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

Alas the importance of a final walk through.....!

Sep 04, 2024 05:22 AM
Rainmaker
300,396
Michael Elliott
Fathom Realty - Burlington Township, NJ
Burlington, New Jersey Residential Sales

Most likely, I would ask your favorite Fla.  attorney.

Sep 04, 2024 03:34 AM
Ambassador
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Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Theoretically yes in both of my states (NC & SC) but, not sure about yours, Peter. What does the Closing attorney say?

Sep 03, 2024 08:03 PM
Ambassador
6,616,279
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I believe so, whether they want it or not.

Sep 03, 2024 11:39 AM
Ambassador
3,405,470
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

 

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.

 

Sep 04, 2024 07:27 AM
Rainmaker
1,013,045
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

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. 

Sep 04, 2024 06:57 AM
Ambassador
3,207,790
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

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"

Sep 04, 2024 06:57 AM
Rainer
405,154
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

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?

Sep 04, 2024 06:51 AM
Rainmaker
875,939
Eileen Burns 954.483.3912
Trans State Commercial Realty Inc. - Fort Lauderdale, FL
FLorida Real Estate Connector

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.

Sep 04, 2024 06:17 AM
Rainer
480,029
Clay R. Seay
Florida Homes Realty & Mortgage - Saint Augustine, FL

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. 

Sep 04, 2024 06:04 AM
Rainmaker
5,417,563
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

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? 

Sep 04, 2024 04:33 AM
Rainer
448,448
J.R. Schloemer
Kentucky Select Properties - Louisville, KY

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.

Sep 03, 2024 07:56 PM
Rainmaker
512,461
Katina Hargrove 352-551-0308
Stake Your Land Realty, Inc. - Eustis, FL
Broker/Owner, SFR®, e-PRO®, GRI, AHWD, REALTOR®

Peter Mohylsky, Beach Broker 

 Where was the buyer's agent? Did it close? Was there a contingency on cleaning out prior to closing? 

Sep 04, 2024 07:44 AM
Rainmaker
1,242,109
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

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

Sep 04, 2024 09:48 AM
Rainmaker
512,724
Matthew Sturkie, CRS, GRI 909-969-3805
Action Realty - Apple Valley, CA
CRS, GRI 909-969-3805

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.

Sep 04, 2024 08:33 AM
Rainmaker
2,239,340
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Our State has laws concerning Abandoned Property ( of tenants) . 

Sep 04, 2024 04:13 PM
Rainmaker
781,969
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

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.  

Sep 04, 2024 01:25 PM