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After the closing on a house, is the buyer responsible for items left behind by the seller?
Anonymous1 views3 answers
I recently purchased a home and the seller left items on the property; a few gardening tools, some tools, buckets and other junk under a deck. After closing, I had the property cleaned and everything was removed. A few weeks later, the agent contacted me and said the seller would like to pick up the items from the property. I informed them that I had the property cleaned and everything was removed. They are now demanding that I compensate them.
The contract clearly states "all debris and personal property not included in the sale shall be removed by Close Of Escrow."
As noted, your contract likely covers this. See if your agent will handle it. Otherwise, if they keep making demands, you may want to demand storage fees for when you held the stuff?
need more facts...but what ever was left in the property after you bought it and was surrender to you as per the "all debris and personal property not included in the sale shall be removed by Close Of Escrow" is the seller problem. in my opinion, without reading your paperwork, and based to what you stated above you are not liable.
Read my disclaimer.
Janet Spiro MartinFranchise LawyerMission Viejo, CA ·
I agree with my colleagues--the only exception would be if agent or seller actually told you there were things they couldn't get out by COE and would get them later.. If there was an oral agreement concerning the personal property, that could not be in your favor. Depending on the value of the items the Seller may have a plausible argument against you. I would stick to your position regarding the contract, but if there is a small claims action be prepared to defend if you did have an oral agreement, you would need some arguments, like the amount of time it took for the seller to come back, and no further communication or things like that.
