We purchased home July 2006 - 10 months ago. Seller left MANY things behind (even though house was on market for over a year). We even gave him a week or so to remove things after we closed. He came back a few times over a 2 month period wanting this or that. We told him from beginning, anything they did not want just leave it & we'd dispose of it as we deemed fit. We finally told him (Sept/Oct) that it was getting ridiculous so take what he wanted & that's it!!

We just recieved a Certified Letter from Seller wanting to pick up an old Tractor & Storage Building that was left. He's threatening Small Claims Court if we don't comply. Amazingly enough, he's even wanting us to pay to repair this Tractor which never worked/we never used!!

Personally, I think it's crazy & can't understand why he thinks he still has rights to this stuff. I really want to get some opinions/suggestions. If he does indeed take us to court, I feel we'd prevail, however I'd like to counter that if he does get the items, he should be liable for some sort of storage fee. What do yall think & if you agree, what is a 'reasonable' amount for this?

We have talked to a lawyer about 'Septic issues' concerning same property however haven't had opportunity to talk w/him about this.

Any input would be greatly appreciated!!

i'm no real estate guru, but I would personally send him a letter stating that you will be needing $10/day storage on said items. I'd say he'll back off. Do you still have what he is wanting?

You need to talk with an attorney about your state's laws regarding abandoned and unclaimed property. Unless you followed them to the letter before getting rid of any property left by the previous owner (which includes giving him the statutory amount of notice), then he may still have a claim to it. You cannot retroactively charge him -- you need to have provided him with notice that unless he picked it up by a certain date, then storage would be charged.

As to the storage shed, your contract should say whether or not that conveyed with the property.

Thanks!
We actually do still have the items here.

I prepared a letter to send Certified informing him... including the storage fee. I will wait until talking to our Attorney (waiting on call back now) before sending it though.

Markateer: I understand what you're saying... Contract states Seller turns over to Buyer immediately upon ... in current/present condition. If someone leaves a pile of junk & you are trying to make this your home amazing how you would be expected to keep it all just in case someone wants it. Fortunately I guess, we haven't disposed of much yet but... Most personal property info I found was more on Tenant/Landlord relations not an actual change of property Ownership.

Thanks!! Will keep yall posted...

You've got some issues to overcome in that you didn't demand that it be removed before going to settlement and allowed him to keep coming to pick it up. I'm not saying that he's in the right, but if you didn't follow the letter of the law, then it does give him a leg to stand on should he take you to court. By all means, consult a lawyer.

Don't forget arrearages when printing up the storage invoice. Also if your purchase agreement states that the seller has 7 days after close to remove wanted items and hes still trying to get stuff, you have already let him get away with too much. He doesn't have a leg to stand on. What I would do is is file a counter and get back the value in cash of the items he removed from the property after his 7 days were up. If he was removing items after the 7th day after closing you could have called the police and had him arrested for theft and trespassing. This guy is crazy!! He better not call Judge Judy with this mess.

Thanks for all replies!

Contract stated we were to take 'possession' of Property in present condition IMMEDIATELY upon signing/funding. Us being the 'nice' and obviously naive ppl we are assume ev1 is like us and... We 'allowed' him to take a few items but after the 2 months told him make this your final 'visit' as this has gotten crazy. At that time he mentioned the tractor but said he didn't want it as it wasn't in working condition. He was cursing and mean. Hubby was gone and when he found out... well, you can imagine! He pulled up once more to try taking building but when hubby rounded the corner, the guy backed up and had the nerve to tell him not to get any closer. We said that he was on our property which he was no longer welcome. We've informed neighbors if they see him here, call police 1st - ask ?? later.

I am unfamiliar with all this 'court' stuff so if he's not bluffing & actually does file a Small Claims suit, can we counterfile there? Do we call courts when receiving notice &... or ?? How would that be handled? Would we just file counter that if he is awarded possessions we want storage fee?

Please excuse my 'ignorance' but could you please elaborate on the 'arrearages'?

Thanks Again!

PS LOL @ Judge Judy!! Now I'd actually love to see her have a go at him!! LOL!!

The arrearages I am referring to are from the time of close to the present. If he is still laying claim to things charge him a storage fee from the day you closed on the home to present. If for some crazy reason he does file suit then you just simply file a counter suit. I would have him pay me for the items he stole after you bought the house, harassment and court costs. I would even ask for punitive damages for his behavior. Get a restraining order on him this will help you if he does take you to court.

The arrearages I am referring to are from the time of close to the present. If he is still laying claim to things charge him a storage fee from the day you closed on the home to present. If for some crazy reason he does file suit then you just simply file a counter suit. I would have him pay me for the items he stole after you bought the house, harassment and court costs. I would even ask for punitive damages for his behavior. Get a restraining order on him this will help you if he does take you to court.

This is not really a case for punitive damages.

But also, poster should send a bill immediately.

Keep copies of everything.

As mentioned, we received certified letter from him...
I have since written one of our own stating that he had ample time blah blah. I also included: if agreed upon and/or the two items are removed from premises, he will be liable for a storage fee, payable to us, from date contract was signed through date items are actually removed. I set a fee of $10 per day = $5 per item. From what I've seen, that seems to be the consensus of most. The fee should be fair. Would yall agree that this is a reasonable storage fee?

Thanks Again!!

As mentioned, we received certified letter from him...
I have since written one of our own stating that he had ample time blah blah. I also included: if agreed upon and/or the two items are removed from premises, he will be liable for a storage fee, payable to us, from date contract was signed through date items are actually removed. I set a fee of $10 per day = $5 per item. From what I've seen, that seems to be the consensus of most. The fee should be fair. Would yall agree that this is a reasonable storage fee?

Thanks Again!!

Let me rephrase: Send him a bill immediately. Do not use the word IF in the bill!

Is the storage building attached to the ground?

If so, it became part of the real property the moment it was attached. He sold it as part of the house and lot.

Anything that is attached to real property in such a way that it takes tools or work to remove it becomes part of the real property. This includes:

- Fixtures screwed or otherwise fastened to the house
- Birdhouses, mailboxes, yard lights, and other items on posts driven into the ground
- Nails hanging pictures on the wall (but not the pictures or frames)
- Power strips screwed to the wall
- Fences
- Outbuildings fastened to the ground or heavy enough to require a crane
- Appliances attached to the building (such as a window fan screwed to the window)
- Plants planted in the ground
- Water filters screwed onto the faucets