Buying A Home
curlylocks3
member
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Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Items Left Behind by Sellers? (long, sorry!)
I was on this board quite a bit 12-18 months ago while in the process of buying our condo (a short sale) and this issue just came up and I wondered how other buyers/ sellers would handle it.
The unit came with a garage that is shared by 3 units and at the time we moved in there was a set of golf clubs in there that, based on where they were in the garage, we assumed belonged to one of the other people parking there. It turns out, however, that they actually belonged to the prior owner of our unit- and we just learned that this week when one of the other families was moving out.
My question is, what would you do with the clubs? They're a custom set and in great condition, appear relatively new. A quick Google search and my understanding of things is that technically they now belong to us but my parents have both said that they think we should contact the seller to give them to him or go through our agents to get the clubs returned to him.
I have mixed feelings on this, namely that I really don't want to contact our agent (if we didn't love this property and need to move quickly we wouldn't have continued house hunting with her), and that I'm not comfortable trying to contact him directly. Also, I sort of feel that since he moved out >12 months before we purchased it but still had access to it (he had to go in with his keys and undo the winterizing he had done before we had our inspection and the garage code never changed) that he had multiple opportunities to take the clubs if he couldn't take them when he initially moved out. So I'd really prefer not to have to do anything about it but also want to do the ethical thing.
What would you do?
The unit came with a garage that is shared by 3 units and at the time we moved in there was a set of golf clubs in there that, based on where they were in the garage, we assumed belonged to one of the other people parking there. It turns out, however, that they actually belonged to the prior owner of our unit- and we just learned that this week when one of the other families was moving out.
My question is, what would you do with the clubs? They're a custom set and in great condition, appear relatively new. A quick Google search and my understanding of things is that technically they now belong to us but my parents have both said that they think we should contact the seller to give them to him or go through our agents to get the clubs returned to him.
I have mixed feelings on this, namely that I really don't want to contact our agent (if we didn't love this property and need to move quickly we wouldn't have continued house hunting with her), and that I'm not comfortable trying to contact him directly. Also, I sort of feel that since he moved out >12 months before we purchased it but still had access to it (he had to go in with his keys and undo the winterizing he had done before we had our inspection and the garage code never changed) that he had multiple opportunities to take the clubs if he couldn't take them when he initially moved out. So I'd really prefer not to have to do anything about it but also want to do the ethical thing.
What would you do?
Re: Items Left Behind by Sellers? (long, sorry!)
I'd try contacting his realtor directly. That's what your agent would have to do.
It's the 'right' thing to do but, honestly, don't feel bad if you just decide to keep/donate/sell them. He had plenty of chances to take them with him.
I don't understand not wanting to contact your agent. A quick email is all you need.
That said, by FAR the ethical choice here, regardless of legalities, is to try to give them back. I'm not sure why that's even a question.
You should attempt to give them back. Make a good-faith effort. Contact the seller's agent and let him/her know that you need to return some property to the seller.
Definitely, this.
Ditto this.
It was a short sale, you took the house "as is". They were left in the house, so they are yours.
If you don't want them sale or donate them.
I completely agree with this. There mere fact that you are questioning what you should do when you legally know your rights tells me you don't "feel" right about keeping them. What is the harm in sending a quick email. Set a date by which the item can be claimed and if that date passes, then you know you tried.
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I think you summed it up best. Sorry for the late return to this post but it is semi-resolved. I found our closing papers and contacted the seller's agent, who got in touch with them and they said to have us contact them directly by phone or email and they'd come get the clubs. Turns out they belong to a friend of theirs and they had forgotten about them. I'd be beyond irritated if I were that friend and makes me even more glad I'm getting them returned. I've left a message giving them a bunch of times we're going to be home and am just waiting to hear back of when will work for them.
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