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My real estate experience includes having bought and sold three homes. I have always engaged a lawyer to handle closing, and all of my experiences thus far have been excellent. Until now.
I'm to close on a property in the morning. I am the buyer, and I have a lawyer representing me. The seller is represented by a real estate agent. The entire process has been strained, in my estimation, by the aggressiveness of the realtor. I have felt micro-managed by the realtor. She has divulged personal information about both the seller and herself to the point of making me uncomfortable. So, now, down to the wire, and the final blow has been delivered at the walk-through.
It is a farm, and the seller has spent a solid month moving her belongings from the property. I knew that she (seller) was up against a huge amount of work. At the beginning point, when the purchase and sale agreement was drawn up, I told the realtor that if the seller couldn't remove all of her personal belongings, that I was willing to deal with them upon taking ownership of the property. The easy question is: what exactly was I thinking the seller would leave that I would be amenable to dealing with? What exactly was my interpretation of the definition of "personal property"? Apparently nothing. Because what I discovered at the walk-through are piles of garbage; an oil change tray brimful with used motor oil; greater than ten used tires; bags of trash; broken bottles; bags of trash; three dead TV's. It's right in the signed P&S: "Buyer willing to remove all of sellers unwanted personal property after closing."
Whatever I was thinking at the time I agreed to this, it was in good faith that the seller's "unwanted personal property" would not be defined as bags of trash and DEP hazards.
What does anyone think a remedy for this situation could be? I'll be calling the lawyer's office in the morning to give them a heads up that I'm in a situation that I wish I wasn't in. They'll tell me if I have to suck it up and deal with the scenario I may have created. I'm just not sure, though - what do others think - is trash at closing ever fair? Fair based upon the language of the P&S?
Call the lawyer? For the price of that call to the lawyer, you could simply hire someone to pick up all that stuff and be done with it. Life isnt always perfect.
You could make this into a really big issue, or simply just pay someone to haul it away. Your choice.
I think you stepped into it and now are stuck with it. Your lawyer should have advised you to be more clear about it when you made that agreement. Nobody knows what type of items you were thinking about when you agreed to deal with it.
I think that your call need to be to a waste management company rather than your lawyer. Because whatever you meant, the stuff is there, and you'd be very hard pressed to say none of it qualifies as "unwanted personal property" regardless of what you had in mind. So you are soon to be the proud owner of what is hopefully a lovely farm, along with a large quantity of items to be disposed of. Hopefully you can look back and laugh at yourself once this is all taken care of.
Hi all, thanks for your replies. This transaction has been another life learning experience. Time to buck up, shut up, sign the papers, and get to work.
Yeah unfortunately you agreed to remove unwanted personal property. Trash is personal property until it gets to the curb. Next time I would specify broom clean or move in ready clean. You agree to remove someone else's leftover stuff you're asking for it. People are jerks. Sorry this happen to you.
Yep, I led with my chin. Oh, and after yesterday's closing, the newest discovery has been more open containers than I was aware of- buckets, barrels - of used motor oil. They were in a dark building, under trash. DEP is going to help out with this. Yep, I led with my chin on this one... ;-) oh, and...there will be no "next time!" LOL! I'm thinking I should change my farm name to "Done Wandering."
A seller of mine piled all of the trash from her house in the garage, locked the door and left the state for a vacation. She had already signed the closing documents. We found the trash when the buyer did the final walk-through. It was a $2,500 job to remove the contents of the garage and basement (wasn't cleaned out either) and take everything to the landfill. Don't let your seller walk away from this. Ask the attorney to escrow $3,000 of the sellers funds to cover your expenses. Cleaning this stuff up is not cheap
My brother did the same on a recent farm purchase... same family for 160 years and lots of old stuff... most junk and some nice antiques around the property and out buildings...
At the eleventh hour and relation showed up and took everything in several truck loads... I mean everything... even the old brass door knocker and antique pitchforks on the outside barn walls.
We were a little disappointed because specific items that the seller said would be staying left...
Seller had delayed closing and that is when we said just go and we would take care of whatever personal property left...
Live and learn. ALWAYS request "property to be free and clear of all personal property and garbage", and if possible hold $ in escrow to pay for removal of anything left...ESPECIALLY with a farm.
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