I bought a house in MAY the previous owner left a lot of his stuff in the garage and barn. I have been after him to remove it including a motorcyle. He has been caught in several lies and I've had enough. I want to speak with a attorney about my rights the laws for this type of stuff and find out what paperwork needs to be done. The closest one I found online says he does collections? I don't want to call a bunch up and ask them if they do stuff like this. So what kind of specialty should I look for. Also anyone have a idea of how much this is going to cost me? How long does it take to send the paper out. what should I have with me when I go talk with him? I'm not sure if I have this guys address will the lawyer be able to get that information.
Thanks so much
2007-08-02 12:50:53 · 9 answers · asked by Autumn 5 in Politics & Government ➔ Law & Ethics
I'd look for one familiar with tort law dealing with "conversion" or "replevin" -- the legal terms for taking property.
Basically, it sounds like you want to get rid of the previous owner's stuff, which you can certainly do.
However, the previous owner may come back at you with a lawsuit for conversion or replevin -- so, an attorney familiar with those could tell you what you can and should not do.
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EDIT: Hillary (above) also is correct -- that's the self-help way, but may still leave you open to what I described above.
2007-08-02 12:56:35 · answer #1 · answered by coragryph 7 · 3⤊ 0⤋
When you purchased the home, you bought the land, the improvements (buildings, driveway, etc.), the fixtures (sinks, shwer stalls, lights, etc) and the appliances. You did not purchase the other personal possessions unless the contract said so. Basically, it is not your property to do with as you please. There are statutes and cases interpretting those statutes that must be followed or you can be legally responsible to the previous owner for that property.
Each state's laws are different. You need to consult an attorney. This is not a very complex legal issue. The attorney just needs to check the statute and the case law interpretting the statute. Almost any attorney could do it. You can find a local attorney at the link below.
2007-08-02 13:47:54 · answer #2 · answered by mcmufin 6 · 0⤊ 0⤋
I believe coragryph is correct about what you can legally do. Your question was, how do you find a lawyer to make should you comply with the law? Contact your local Bar Association. Most offer attorney referrals. They won't choose a specific attorney, but the should give you a list of attorneys that handle situations like yours.
2007-08-02 14:08:38 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
A real estate attorney. If you bought the house, there undoubtedly is something in the purchase contract or related papers that controls the situation.
Contrary to the above, replevin and conversion has nothing to do with it, unless he's renting the space from you. If you own it, stick with real estate.
2007-08-02 12:58:47 · answer #4 · answered by Anonymous · 2⤊ 1⤋
You don't need a lawyer at all. You need to send him a certified letter, return receipt requested, stating that he has 30 days to remove his property or it will be disposed of. On the 30th day after he signs for the letter, you are free to do whatever you like with it. It will be considered 'abandoned property'.
When property is left in your possession, there are two standards of care that you have to exercise: reasonable or extraordinary. If you are doing him a favor by storing it, you have to exercise reasonable care. If you ask to borrow someones property or are being paid to care for it, you have to exercise extraordinary care. In this case, you only need to exercise reasonable care for the thirty days that you will give him to retrieve it.
All personal property should have been removed prior to closing on the house. You really have no duty to him, whatsoever. That property is yours. You could throw it out right now, but just to be a conscientious person and cover yourass in case of a lawsuit, send him notice and allow him to get it before disposing of it.
2007-08-02 13:04:39 · answer #5 · answered by Anonymous · 1⤊ 2⤋
Don't waste your time calling at all.You bought the house and the possesions he left you.On the morning of the day that you bought the house,You were given the legal right to do a walk through of the house.Obviously you negelected to do so.When you went to the settlment tables after you should have done the walk through,You should have backcharged him for a dumpster and the cost of labor to remove the items.If you did not want to do all of that then you should have refused to buy the house.You could not be sued for refusing since he did not meet his obligation to have the house ready for you.YOU HAVE NO CASE.
2007-08-02 13:01:58 · answer #6 · answered by Anonymous · 0⤊ 4⤋
Easy ... Send him a certified letter (or delivery confirmation or FedEx, something that you can guarantee he got it) stating that he has until __ date to pick up his stuff or you'll sell it.
Then sell it, set it on fire, whatever you want to do, cause it's yours. No lawyer needed.
2007-08-02 12:55:03 · answer #7 · answered by Hillary 6 · 3⤊ 0⤋
Tell him that if it is not gone in 30 days, you will sell it on Ebay.
2007-08-02 13:20:46 · answer #8 · answered by KD7ONE 5 · 0⤊ 1⤋
Try this web site: www.handelonthelaw.com.
2007-08-02 12:54:26 · answer #9 · answered by regerugged 7 · 0⤊ 1⤋