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Old 06-12-2018, 09:35 AM
 
Location: Denver CO
19,132 posts, read 10,172,299 times
Reputation: 28028

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Quote:
Originally Posted by 20yrsinBranson View Post
The items you mention are not considered real property. Unless they were specifically listed on the sales contract as "staying", the previous owner has every right to take them because they are personal property. Your Realtor(r) should have explained this to you.
That's not the point. The point is the seller had no right to re-enter the property, which includes the backyard, after closing. The items were there when the house closed, and then at some point after that they were gone. Which means the seller trespassed without permission and took them.

And I can't help wondering whether all the people who think it's no big deal would be equally ok with some person coming into their own back yards? Even if they didn't take anything, would you be fine that they had no permission but opened up the gate and walked on in and did whatever? Personally, I'd be calling the cops if I saw someone in my yard but apparently that's just me?
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Old 06-12-2018, 09:39 AM
 
Location: SW Missouri
15,575 posts, read 29,334,385 times
Reputation: 21426
Quote:
Originally Posted by emm74 View Post
That's not the point. The point is the seller had no right to re-enter the property, which includes the backyard, after closing. The items were there when the house closed, and then at some point after that they were gone. Which means the seller trespassed without permission and took them.

And I can't help wondering whether all the people who think it's no big deal would be equally ok with some person coming into their own back yards? Even if they didn't take anything, would you be fine that they had no permission but opened up the gate and walked on in and did whatever? Personally, I'd be calling the cops if I saw someone in my yard but apparently that's just me?
It's not like they are strangers off the street. They used to live there. Obviously, they weren't able to collect everything before closing. It would have been nice if they had contacted you first, but it's not the end of the world. I think you are really making way more of this than is necessary, especially since you didn't WANT ay of the items and were just going to get rid of them anyway.
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Old 06-12-2018, 09:41 AM
 
Location: Denver CO
19,132 posts, read 10,172,299 times
Reputation: 28028
Quote:
Originally Posted by 20yrsinBranson View Post
It's not like they are strangers off the street. They used to live there. Obviously, they weren't able to collect everything before closing. It would have been nice if they had contacted you first, but it's not the end of the world. I think you are really making way more of this than is necessary, especially since you didn't WANT ay of the items and were just going to get rid of them anyway.
I'm not the OP, I'm just someone who doesn't consider it "no big deal" when strangers come into my property, and the sellers would be strangers. Doesn't matter that they USED to live there, they don't anymore.

Is it ok with you if they walked into the house as well? They used to live there too, after all.
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Old 06-12-2018, 10:09 AM
 
5,445 posts, read 4,434,171 times
Reputation: 14992
Quote:
Originally Posted by emm74 View Post
I'm not the OP, I'm just someone who doesn't consider it "no big deal" when strangers come into my property, and the sellers would be strangers. Doesn't matter that they USED to live there, they don't anymore.

Is it ok with you if they walked into the house as well? They used to live there too, after all.
I agree completely. "They used to live there", as if this is some sort of free pass to wander around the property again. What if they come back 6 months from now, but don't worry, they used to live there. lol
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Old 06-12-2018, 10:12 AM
 
252 posts, read 153,937 times
Reputation: 664
Quote:
Originally Posted by petsandgardens View Post
Now this is something I never would have thought about. Actually, very good to consider on inspection but even in a contract. Never ever had this happen but I really don't want there to be a first time even as much of an animal lover as I am.
We didn't even HAVE a pet, of any kind, though we *did* want to get a family dog. Going from no pets to half an acre filled with several large dogs' excrement? It was a few years before we could warm up to the thought again. Our dog does its business in one corner of the yard that no one ever uses... we rarely pick it up, unless it's spring or fall. They dry up and disintegrate when we mow.

The amount of poop was unreal; it was absolutely REVOLTING to wash that much dog poop off from all over your sobbing children, but especially when it's not even your own dog. First with a freezing-water garden hose, just to get enough off so they can come into the house, then showering them. This was no bathtime; it was a Disinfecting Event.
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Old 06-12-2018, 11:39 AM
 
25,906 posts, read 49,920,525 times
Reputation: 19383
I helped a neighbor at 101 sell her home... she gave me the washer/dryer for a family that could not afford one.

On the day of closing... I picked it up... the movers set the pair in the back yard behind the privacy fence.

The next day... all Hell Broke Loose.

The buyers called the agent, the agent called the selling agent who got in touch with the sellers daughter... who said they were given to the neighbor.

The contract was silent and the boxes not checked.

The buyers wanted $1000 for a 10 year old Kenmore Pair... never asked about having them back... just for cash.

Knowing no good deed goes unpunished... I went to the family where I dropped them off and returned them to the exact spot where I picked them up.

The Washer/Dryer remained outside all winter and as far as I know... they are still outside.

Someone from Church posted a free washer/dryer and I picked them up for the family... much nicer pair too.

Later I learned the buyer never intended to use them... just thought making a fuss would help her buy the set she wanted.

Again... Washer/Dryer not in contract.

The selling agent gave me the date when the pair had to be picked up and I needed a trailer... I picked them up on the date specified... which was the same day as closing.

Last edited by Ultrarunner; 06-12-2018 at 12:26 PM..
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Old 06-12-2018, 11:54 AM
 
4,497 posts, read 1,537,506 times
Reputation: 10394
Quote:
Originally Posted by Diana Holbrook View Post
They put the stuff outside the fence, right? I think they were probably making every effort to be out on time and not bother you. They ran out of time and STILL made the effort to make it right. But of course, there's a negative and positive way of looking at everything.

No...she said the items were in the back yard, behind the privacy fence.


So the sellers opened the gate and entered her back yard to retrieve items.
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Old 06-12-2018, 12:05 PM
 
1,016 posts, read 292,690 times
Reputation: 1493
Quote:
Originally Posted by LieslMet View Post
We didn't even HAVE a pet, of any kind, though we *did* want to get a family dog. Going from no pets to half an acre filled with several large dogs' excrement? It was a few years before we could warm up to the thought again. Our dog does its business in one corner of the yard that no one ever uses... we rarely pick it up, unless it's spring or fall. They dry up and disintegrate when we mow.

The amount of poop was unreal; it was absolutely REVOLTING to wash that much dog poop off from all over your sobbing children, but especially when it's not even your own dog. First with a freezing-water garden hose, just to get enough off so they can come into the house, then showering them. This was no bathtime; it was a Disinfecting Event.
If this happened to me I would be so tempted to post pix online ... actually video with sound. Parents hosing off crying upset children. A sentence like 'look what the sellers left for our kids'.

To each his own while living in the house...although I have to wonder about those sellers' nearby neighbors. But when selling..even when it's not in the contract, sellers should still consider respect of others and personal honor and cleanliness. [ But, note to self if I ever contract on another property.]
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Old 06-12-2018, 12:38 PM
 
25,906 posts, read 49,920,525 times
Reputation: 19383
Change is often a time of heightened emotions and stress...

For 40 years a retired neighbor... he is 92 helped out the disabled man down the street... pulled his waste cans to the curb on pick up day and back after pick up... he brought the newspaper to the front door early when he went for his walk and hand watered some of the plants during heat waves.

A young couple bought the home and "Caught" old Al moving a garbage can to the backyard the week of closing...

The wife went off on old Al... said he had no right in her backyard and when he said he had been putting the trash cans out for 40 years she flatly told him they don't need any help and can manage their own affairs...

Al took it really hard... and more than a few times he had to catch himself from bringing the paper to the front door.

Sure enough... when the first summer heat wave hit... the flowers were decimated... the buyer said no one told them they had to hand water???

I have bought and sold many times... always go in with an open mind... often I have benefited immensely simply by being friendly.

Each neighborhood has a history and community... the first impression can set the tome for decades making it even more important to be measured and certain with accusations.

And... yes, I have put a padlock on gates and always change out the locks and garage door codes.

I have emergency keys for many of my neighbors and they do for me... might not ever need them but sure glad old Al had my key when I was over seas and a pipe broke... he saw water coming from the garage when he was on his daily 6 am walk... turned off the water, went home and got his key and found the problem... mopped it all up and set up fans...
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Old 06-12-2018, 12:38 PM
 
5,645 posts, read 6,509,934 times
Reputation: 3240
The previous owner didn't handle this correctly, but pick your battles! The end result is good for you, aside from being a little weirded out by someone entering your new yard. But you know their motivation, they meant well, and it's not likely to happen again, so just let it go and move on.
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