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mrserv0n
05-09-2006, 06:32 PM
I bought a home in December of 2005, It is now May 9th the the previous home owner is crazy and telling me out of nowhere that he wants the snowblower and grill and patio set and bike that he left behind. I told the homeowner to take whatver he wants prior to close and whatver he leaves behind Ill clean up after him. What are his rights to these materials and when do material possesions left behind legally become mine?

Thank you

Just an FYI, none of the items hes asking for are in the purchase agreement.

steve50
05-10-2006, 10:54 AM
The property only becomes yours if it is abandoned. By abandoned I mean the owners intend to claim no further interest in it a leave it behind or throw it out. The fact that they left it behind is not enough proof of abandonment especially since they now want it back.

They may reconsider their position when you tell them that you want storage costs (which you are entitled to claim). You are entitled to claim reasonable storage costs for storing their items. Note: you must take reasonable care of their property and not let it go to waste otherwise they will sueing you.

Hope this helps.

Steve @ www.buyingahouseandsavingmoney.com
Check out our Home Buying Tips Guide

mrserv0n
05-11-2006, 07:54 AM
The property only becomes yours if it is abandoned. By abandoned I mean the owners intend to claim no further interest in it a leave it behind or throw it out. The fact that they left it behind is not enough proof of abandonment especially since they now want it back.

They may reconsider their position when you tell them that you want storage costs (which you are entitled to claim). You are entitled to claim reasonable storage costs for storing their items. Note: you must take reasonable care of their property and not let it go to waste otherwise they will sueing you.

Hope this helps.

Steve @ www.buyingahouseandsavingmoney.com
Check out our Home Buying Tips Guide


Nah that cant be true steve. Items that are to be arranged to be picked up after closing must be places in the bill of sale as an exclusion. If this law was not in place, and you bought a home from a crazy guy like i did, they could come over everyday and find something else that was previously theres and claim it. So i don't think your correct.

steve50
05-11-2006, 09:26 AM
I suggest you get a second opinion. When you buy a home you buy all the fixtures (items affixed to the property like the furnace) and all moveable property (chattels) you specify in the Purchase Contract. Title to those items is then transfered to the new by using a Bill of Sale.

You may not like my answer but that is the law.

Steve @ www.buyingahouseandsavingmoney.com

mrserv0n
05-11-2006, 12:24 PM
LOL ya he might, What if I dispose of the property and noone gets it, am I liable for it in court if i say I threw it out?

mrserv0n
05-11-2006, 07:19 PM
"LOL ya he might, What if I dispose of the property and noone gets it, am I liable for it in court if i say I threw it out?"

possibly. the law on this is a bit unclear and would turn on specific facts. why throw it out though if he wants it back? sounds unnecessarily malicious.

Well for one I wouldn't realistically throw it away,I just would give it to someoneI know or sell them. The reason why I wouldn't give it back to him is the way he approached the situation, the way he decieved me at the time of purchase with these items, the fact that he never said anything about storing them for him for 5 months, and the fact he ran over the center of my perfect lawn in a rage.

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