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wow I can see this seller is going to trash the house so do not close until he is totally gone or you will be sorry----there are other houses and you should always do a walk thru---you have legal rights so do not be a victim
I would inform the sellers' agent that on day of closing, you will take FULL possession of the home and whatever contents remain on the property according the CA law. And to please ensure that the Seller leave NOTHING of their items anywhere on the property. Refuse to sign ANY paperwork regarding the POD unless you can agree to a rental amount pleasing to you.
If you see that POD there a few days before closing, contact the number on the box and inform them that if the pod hasn't been scheduled for pickup on X date, you will be removing it somehow some way and are not responsible for any damage to the pod.
Especially after what you went through, I would play hardball now.
Last edited by momtothree; 06-24-2015 at 09:30 AM..
I agree with those who said to call POD. Tell them that there is a POD illegally parked in the driveway of the house you now own (once you close so that is true), you did not agree for it to be left there, and if it isn't removed immediately, you will have it removed and discarded and you will not be held responsible for loss or damage. I bet it goes away that day.
And you can insist the house is at least as clean as when you made an offer on it. We bought a house last year which was immaculate when we first saw it. When we did the final walk through it was NOT in the same condition, the carpets and hardwood floors were filthy and the appliances were dirty. Our agent told us we could require the seller to clean it or reimburse us for the work that needed to be done. We accepted it as is, the owner was a contractor who was very busy so the majority of house cleaning was done by his 80 year old mother and I think with having to pack and move it just was too much for her so we made a decision to accept it and clean it ourselves.
Want to hear from the community about my options in this case : seller scheduled a POD for pickup 4 days after close and is surprised that we are closing on time - as per contract. In normal circumstances I would have been ok with a POD completely blocking the driveway - such things happen during previous owner moving out of a house and I would have compromised, but not with this seller : this person has put a deceived us multiple times by not disclosing the conditions of the house (you could say it's our fault, that we did not inspect it closely enough -- I won't get into details here, but suffice to say, some conditions could not be inspected when the house still had seller's furniture around -- and I am looking at a few thousand dollars worth of fixes) and in general being a very obnoxious person to deal with. To top it all, the seller is leaving the house in a pretty shabby condition - no cleaning whatsoever. The seller is not going anything wrong legally, but the whole situation stinks. It's obvious that the seller scheduled the POD pickup knowing that they could not get out before closing. I scheduled a moving truck but with this POD blocking the driveway, no way I can start on the move. So basically I am paying for a house and I am inconvenienced.
My realtor gave me these options :
ask for rent for 4 days, but given the seller's attitude I doubt if I will get anything. and how exactly am I supposed to collect it ?
delay the closing -- which hurts me more than the seller, but at least I am not paying for his POD parked on my driveway
Unfortunate situation to be in but I want to know what I can do in this case. It seems to me I don't have any good options and the seller has me by the balls.
Thanks
-Brian
With all of your listed issues with the seller why are you going through with the purchase?
Ask your Attorney what can be done in regards to this issue.
I am not sure calling PODs will work - you don't have a contract with them, you are not their customer and won't be paying their bill, and if I were them, I wouldn't talk to you.
But I do think you should make having the place be cleaned out including the POD removed be a condition of closing, or have a not insubstantial sum held back until that happens. The seller needs to be motivated to make sure this is taken care of, otherwise, it will not be a priority for them, and you will pay the price of being inconvenienced.
When we were house hunting, we found a house with "lots left behind" in it. It was NOT "where is as is", SO, we asked the realtor about it.
As I understand it {here at least is what she said}, the seller of a house MUST provide "warrantee of "broom clean" to a house" they sell UNLESS it is foreclosure or auction, in which case you become the possessor of the property "as is where is", and can do with what you want with it and contents inside and out.
In other words, no carpet steam cleaning and technically no vacuuming even. Just "as a broom would sweep it "clean".
Point? they are NOT leaving it "broom clean" for you to take possession. Therefore, DO NOT close until the POD is removed, as it is NOT "broom clean" yet.
But, as always, Seek advice from your closing attorney and the police as well, JUST to be sure, though.
It is very important that the house/property is in the condition you expect it to be in when you take possession. If you have a proper contract, it should say that the home will be empty and (usually) broom clean. If you allow anything else before you sign the sales documents you are asking for trouble. Whatever you do, do not rent back to the current owner unless you absolutely trust him! Remind him that the moment you close/take possession, everything on the property at that time becomes owned by you. That includes the POD! He needs to be out and gone before closing so you can inspect the property for hidden damages. What if he trashes the place? What if he refuses to leave? Better to delay the moving van and get this all squared away first. Either way it will cost you money, but how much is the question.
This ^^^
At the end of the closing...assuming you get reasonable access to inspect and approve that it is in agreement with your contract as regards cleanliness and personal effects, remind the seller that the POD is still in the driveway and is now yours. If he would like, he may have it moved that afternoon; otherwise you will deal with it tomorrow. (In which case, just to be nice, I would have it taken back to the POD company and tell them the owner will arrange further details).
NO conversation. NO hesitation. Move it, or you will dispose of your new POD accordingly. Some people just don't 'get it' until to whack them with a crow bar.
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