Buying A Home
Dear Community,

Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.

If you have questions about this, please email help@theknot.com.

Thank you.

Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.

Backed into a corner?-Seller leaving lots of junk behind.

My situation is very complicated and long, so sorry for the long post. The house I am buying belonged to an elderly lady who passed away, it was then left to the executor to deal with. The executor is several states away, and is relying on her cousin, who is local, to deal with the issues that need to be worked out for closing. The house was still filled with the previous owners furniture/trinkets/junk. After I put in an offer I said I would gladly take ALL the contents of the house as long as they left them all no taking some stuff and leaving others. They declined and said they already had a plan for the contents of the house and it would be cleaned asap.

 I was supposed to close on tuesday of this week but the seller couldnt get everything done on their end (getting utilities on to satisfy the bank appraiser/inspector for my loan). So I had to extend for a week. I asked to move my stuff inside this Friday (day before yesterday) as the help I needed for moving was all set up that day and could not be moved. They said this was fine but that there was still 'some stuff' in the house that needed clearing out. I said it was fine but I needed to move or potentially have a big bill on my lap for moving on a later day. I walked in their Friday to find that only a handful of mugs and a single sofa had been moved out. I called my realtor and said "everything is still here, they havent cleaned out much of anything". After a huge run around I was told that everything except for the plates in the kitchen would be gone by 3 that day. I returned at 3 with a large load of items and watched them "empty the house" (I had already moved some things over so I didnt want them to accidentally take my stuff). It was a consigment shop, and all they did was take all the nice pieces of furniture I liked and then left everything else, which is exactly what I said I didnt want, them taking the nice things and leaving the rest..

This isnt even a small amount of junk its going to take 2-3 dumpster loads to really dig into this stuff. When they husband of the woman cleaning it out was there yesterday he pretty much flat out said that he didnt want to clean out anything else from the house. Kept asking me if I wanted a sofa (old and broken sofa) and kept saying "I dont see why we should have to clean the rest of this stuff out, we should just leave it and then you can decide what to do with it". I kept telling him I didnt want this stuff but he kept commenting about not dealing with it. He then scoured the house to find anything nice the consigners didnt take and loaded it into his car (pretty sure he wasnt supposed to do this since those items belong to the estate). I was told the lady would clear out the kitchen the same day (Friday). I went back yesterday to take one load of things I couldnt manage on friday and everything is still there except one chair which was kind of nice but not my taste. I feel like they keep picking over the house and have no intention of getting rid of anything else.

Here is my major dilemma. My extension expires on Tuesday, and I am currently on an air mattress in a place I am almost out of notice on. I really have no option but to close on Tuesday, but because the executor of the estate lives in Chicago they over nighted the papers to her on Friday just so we could close Tuesday, meaning if I want to change anything we have to extend and send the papers again. Is there anything I can do at this point? Does she need to resign everything if I ask for a cash in escrow to deal with the junk they are leaving behind? Can I do anything after I close or am I really just being backed into a corner with no option but to take it all?

Re: Backed into a corner?-Seller leaving lots of junk behind.

  • I dont have any advice other than you need to bring your realtor and your lawyer into this ASAP to get it settled.  I'm sorry you are dealing with such a headache
    imageimage
  • Have you talked to your lawyer and Realtor? They should eb handling this!

    Wow that sounds so annoying and frustrating! I really hope this works out for you!
    image
  • Have you thought about going back to seller.  You could take a couple thousand off and call 1800GOTJUNK. 
  • I would not close until the stuff is GONE!
  • I closed yesterday and almost all the junk is still in there. My realtor was on the seller constantly to get this stuff out, she said it would all be out by Monday and it wasn't. Then she said it would all be out by closing Tuesday except for a couch which would be picked up later in the day. I dropped by just before closing and it was all still there. At closing I brought it up, and showed pictures, they discussed pulling back an escrow for the junk but unfortunately with no seller present we couldnt do anything (like I feared). My realtor once more called the lady and she promised to have it all out by the end of the day (I was closing at 2) except the sofa which she said would be picked up today (Wednesday). I was stupid enough to once again believe this lady, so I didnt go to the house until 7, and of course once again nothing had been taken out. I had enough at that point, the lady had once again lied and I had just wasted half a day of moving. I changed the locks and told the realtor to tell the lady the locks were changed and not to come to the house again.

    My realtor was the same for me and for the seller, normally I am wary of this but he has been nothing but great, has demanded all the proper repairs from the seller (more than I asked for) and never fought me on the price etc, he was fantastic. Unfortunately she lied to him about cleaning out the house saying it was almost empty and that she had been taking stuff out daily. He had no reason not to believe her and it wasnt until Friday when it was too late that we found out her lies. He has been great and said he will come over with some help and move everything to the garage for me then call a charity shop to pick it all up for me. Its not trash its just knick knacks, books, furniture I dont like etc... so junk it should all be gone soon. I am not happy that this stuff is still in my house but its worked out as best as it can considering.
  • Donate it to Goodwill/Salvation Army or other charity - and take the tax write off.  That is about all you can do now. (Most will come and pick it up)
  • I would get some kind of document drawn up stating that the items and contents in the home now belong to you and are yours to deal with since they had ample opportunity to remove them. I would not want someone to come back to you and ask/demand from you anything out of that home.
  • Sadly this is way too after the fact, but this is why you don't start moving in until after you close and why you don't close until things are settled.
    Daisypath Anniversary tickers
  • Normally an extension would have been fine, but with the seller in states over and my move out date fast approaching I had no option but to close that day. We would have had to extend if I wanted some resolution or cash to deal with it. Seeing as I am barely going to make my move out date as it is, I was truly backed into a corner. My only regret at this point is that we believed the lady that the seller hired to move things out. If someone had checked up on her to make sure she was actually emptying the house things would have been different, but no one had any reason to think she was lying until I walked into a full house on Friday. All of the junk will be gone tomorrow thank goodness.
Sign In or Register to comment.
Choose Another Board
Search Boards