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Old 03-14-2010, 01:31 AM
 
127 posts, read 282,745 times
Reputation: 42

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I am purchasing a vacation house in PA. My RE contract states that at delivery of possession property must be free of debris and broom cleaned. The sellers are refusing to remove their junk from the house. According to my RE broker, the only thing I can do is to get out of the contract and not buy the house. Is there any legal way for me to force the sellers either to remove the junk or to pay me for removing it?

(House is in a community, I cannot just dump the junk it in front of the house and have sanitation pick it up. I would have to get a dumpster.)
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Old 03-14-2010, 07:10 AM
 
Location: Midwest transplant
2,050 posts, read 5,941,885 times
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I see 2 options~#1 walk away from deal. #2 Ask sellers if they'll settle at closing, hold money in escrow for a hauling company/concierge to come and clean out. Your closing attorney should be able to better advise.
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Old 03-14-2010, 08:37 AM
 
Location: Sunshine N'Blue Skies
13,321 posts, read 22,658,548 times
Reputation: 11696
Your lawyer can discus it with their lawyer and in the least charge them out of their proceeds for the cleanup. Get an estimate of the costs.......Dumpster, hired help... and hand in a slip for it.
You shouldn't be responsible.
At one point a couple buying my mothers home just said leave everything thats left we will junk what we don't want. I remembered that because it would make things easier on us.
However, at closing they "forgot" their words.........
I'm sure the extra $300 we had to pay them was for items taken that they wanted, and items left they didn't want.......
The lawyers talked it over. We just agreed to be done with it.
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Old 03-14-2010, 10:05 PM
 
Location: SouthEastern PeeAye
889 posts, read 2,573,715 times
Reputation: 407
Quote:
Originally Posted by Summering View Post
Your lawyer can discus it with their lawyer and in the least charge them out of their proceeds for the cleanup. Get an estimate of the costs.......Dumpster, hired help... and hand in a slip for it.
You shouldn't be responsible.
At one point a couple buying my mothers home just said leave everything thats left we will junk what we don't want. I remembered that because it would make things easier on us.
However, at closing they "forgot" their words.........
I'm sure the extra $300 we had to pay them was for items taken that they wanted, and items left they didn't want.......
The lawyers talked it over. We just agreed to be done with it.
Lesson learned: Nothing is too small or insignificant to put in writing, even if you have to hand write it on one of the agreement documents.
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Old 03-16-2010, 08:10 AM
 
4,277 posts, read 11,781,397 times
Reputation: 3933
If you're lucky (don't count on it) we bought a cabin where the guy refused to take the junk and we lowered the offer accordingly - then he wound up taking his junk anyway, and left things like an aluminum extension ladder (we still use) there. That was from a local in Tioga County though, unlikely you'll be so fortunate.
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Old 03-22-2010, 07:41 PM
 
10 posts, read 100,483 times
Reputation: 11
Rights are a tricky thing, You do have a right under the contract to broom clean, and no your recourse is not limited to walking away. Your settlement attorney should step up to the plate, my guess is the guy wants to sell as much as you wish to buy. I also think you could bring an action in front of the magistrate for contractual obligations less than (I think) $5000. I am uncertain of the monetary cap. But is really worth the hassle?
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