You’ve been patiently waiting to move into your new home. The day has finally arrived! You turn the key to open your new home only to find the seller’s belongings left behind. And I don’t mean a cool lampshade or a piece of art you could work into your decore’. I mean three queen size mattress, old cleaning products under the sink, and a broken desk. What does a buyer to do? The home is technically yours now but the seller’s Realtor has promised to remove the items his client left behind.
Has this happened to you? What’s your recourse? In the Purchase and Sale Agreement in residential sales, the Optional Clauses states that any personal property, fixtures, or other items remaining on the property when property is transferred shall become the property of the buyer. However, seller agrees to clean the interiors of any structures, and remove all trash, debris, and rubbish on the property before buyer takes possession.
Even conducting a walk through of the property before closing unfortunately cannot prepare you for what could happen: three queen size mattresses in the garage that were promised to be removed. Bottom line: what’s in the house when the buyer takes possession is the new home owner’s responsibility. And although it’s an extra trip to the dump for you, getting the crawl space dug out or the electrical panel to code at the expense of the seller is far more important than that broken desk discretly discarded in the driveway of your new home.
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