When you purchase property, are items left on it yours after closing?

Question

I recently purchased 2 acres of land in the country. The day of closing, I went first out to look at it again, and I noticed that there was still a box blade for a tractor on the back of the property. The real estate agent had pointed it out previously and said that it was personal property of the seller, and it would be removed prior to closing. I reminded the seller at closing that it was still out there, and he said he would go by and get it. Well, after closing, I waited over a month, and it was still there. So, I contacted a family member that owned a flat trailer to come by and take it to their house so it would be out of the way. Ironically, 2 days later, the seller contacted me wanting to know where his box blade was. I informed him that I had left it there for over a month, and that I had a family member pick it up to remove it. I informed him of where it was located 5 miles away. He acted irritated that I had moved it. Was I in the wrong for doing this?

Answer 1

No, you were nice to remind him of it at closing. A month is certainly long enough to wait. What if you were looking to do something with the property as soon as you bought it? It was good for him that you hadn't gotten rid of it all together which would have been in your right since you informed him in the first place. You were not wrong, don't lose any sleep over it. :) Maybe he was irritated with himself for taking so long to get it. :)

Answer 2

"Right" or "wrong" sometimes has nothing to do with "legal". If the communication between your agent, the seller and yourself is not in written form, write up a "diary" of the efforts you took prior to removing the item.

Depending on the laws in your state, the seller may or may not be able to collect damages from you if he/she feels that the item was broken or damaged by you, or if the item was sold or poorly stored by you.

You might want to address a certified letter to the agent and to the seller describing these efforts and the solution you opted. Cover thy butt.

Answer 3

I'm not an attorney, but I'm pretty sure that items on the property at closing and which are not specified as belonging to someone else in the documents transferring ownership to you become yours. You gave the previous owner plenty of time to deal with it, and it's too bad he didn't make time until you'd moved it. That's his problem, not yours.

I'm not sure, but I suspect that you could have kept it for your own use, legally, although that would have been a nasty thing to do when you know the seller wanted to keep it.

Answer 4

It would depend on the laws of your state. In California, you satisfied all of your obligations and the box blade became abandoned property. You could have junked it or anything else. It was yours. I think you went way out of your way and the seller has no reason to be angry with anyone but himself.

Answer 5

Not at all, you informed the owner that the item has to go...
The next time you are in a situation like this put it on writing that if an item is not removed in 1 month supposed it will be discarded and you are not responsible for it anymore. You always have to cover your back having things on papers, if for any reason you have to go to court you have proves.

Answer 6

No..you were right. It became yours if it was on your property and the seller should have removed it before closing.

Answer 7

Technically anything left behind after the closing takes place is yours. Now if you told them you would give them more time, or made other arrangements, then you have to give the time allotted.

Answer 8

i would have found a buyer and sold it. you waited 30 days, which you really didnt have ta do. After 30 days in most places its considered abandoned. piss on him, and his little hissey fit............

Answer 9

No you had every right. Actually you could have sold it and keep the money.