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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.
Ask the police in your area what your recourse is. It's trespassing or dumping at the very least, and I would think you don't need anyone's permission to have it hauled away. Don't delay the closing - it only hurts you. Any way you can find a tow truck big enough to handle the pod?
Being that he was obnoxious the whole time, was this a foreclosure?
And as far as the things he didn't disclose, that depends on your state I guess. Many states requires a seller's disclosure form. Our last seller conveniently forgot to mention a hundred things that we found out about upon our paid inspection. But never mentioned the massive cockroach infestation. Also left a ton of crap behind in the house. For us it wasn't worth it to pursue her; ultimately we threw it all in the UHaul and drove it to the city dump.
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
Don't close...I would refuse to close until the POD is out of there, or if you decide to close sooner have the title company hold back funds to cover the pro-rated mortgage costs of the house while the POD is there. title companies are usually far more knowledgeable than realtors about issues like this so I would call and talk to them
Either delay the closing or agree to an acceptable payment. Any payment would be a part of the closing so you wouldn't need to chase the Seller down for a payment.
Make sure to do a walk-through of the property immediately prior to closing. If the house isn't in acceptable condition--or if the POD is still there--you can simply refuse to close until the issues are resolved.
EDIT: OR...call PODs yourself and see if you can change the pickup date.
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.
Either delay the closing or agree to an acceptable payment. Any payment would be a part of the closing so you wouldn't need to chase the Seller down for a payment.
Make sure to do a walk-through of the property immediately prior to closing. If the house isn't in acceptable condition--or if the POD is still there--you can simply refuse to close until the issues are resolved.
EDIT: OR...call PODs yourself and see if you can change the pickup date.
^^^This
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