HomePurchase: Trash left ,kitchen cabinets removed by sellers last day of occupancy.

[TommyGunn]

What is the name of your state?What is the name of your state? CA


Part of the requirements were for the sellers/of the home to vacate all junk from premises. They left enormous piles of junk and trailers ,tires,wire etc that I had to remove. They also took all of the kitchen cabinets,and large cacti that were planted outside.
This happened the last day of occupancy.
I notified the listing realtor about the removal of the cabinets and the junk left,but I was told the relator and broker had no responsibility for this.
Dont they have some responsibility?
What are the statute of limitations on Broker/realtor ?
What are the statute of limitations on the owners?
Its been 4 years since purchase.
John

 

[tnlena]

What is the name of your state?What is the name of your state? CA


Part of the requirements were for the sellers/of the home to vacate all junk from premises. They left enormous piles of junk and trailers ,tires,wire etc that I had to remove. They also took all of the kitchen cabinets,and large cacti that were planted outside.
This happened the last day of occupancy.
I notified the listing realtor about the removal of the cabinets and the junk left,but I was told the relator and broker had no responsibility for this.
Dont they have some responsibility?
What are the statute of limitations on Broker/realtor ?
What are the statute of limitations on the owners?
Its been 4 years since purchase.
John

Did you have a lawyer write these requirements in a contract? Was this a verbal agreement between you and the seller?
By, the realtor, you mean your real estate agent or the seller's?

 

[TommyGunn]

no lawyer used. I had my realtor put it in the conditions contingient to sale(my purchasing of the house)).
You know she may not have put it in writing,Ill have to check.
Nevertheless arent licensed real estate sales persons bound ,through a fudiciary relationship, by this kind of verbal agreement? They sure are in many if not all real estate verbal agreements.

 

[Charles11]

If your realtor put it in the contract that all junk should be removed and the seller failed to do it how does that make it the fault of the person who wrote the contract? If the seller did not perform they should be the ones responsible for failing to do what THEY agreed to do. A fiduciary relationship does not mean if the seller fails in their obligations that it is incumbent on the agent to fullfill them!

Unless it was specifically written into the agreement that the seller could remove those items, anything that is attached to the property is typically considered part of the real property these items are often spelled out in the contract. (plantings, curtain rods, blinds etc)

If it had been me it would not have been 4 days before making it VERY clear to all parties that either the previous real property is returned in the same condition it was when it was in the house or I be compensated for replacing these items.

Its been 4 years since purchase.

Dude, please. Why have you waited until the eleventh hour (and 59 minutes) to re-visit this?

I have no idea what your statue of limitations are but it would not surprise me if it has lapsed.

Do yourself a favor and do as Judge Judy says "put a period on it", the aggravation and hassle at this late stage is just not worth it IMHO.

Chas

 

[Shel77]

You must be kidding, it has been 4 years get over it. Next time you feel like you have been screwed try doing something about it right away.

 

[HomeGuru]

now that's tellin em.

 

[TommyGunn]

Trash left cabinets removed

Do yourself a favor and do as Judge Judy says "put a period on it", the aggravation and hassle at this late stage is just not worth it IMHO.

Chas

The Period was put on it 3.5 yrs ago.
I just discovered this site yesterday,so a flood of older and separate issues have and will continue to come to mind .
Out of curiosity I have posted some of them elsewhere on this forum.
Thanks for your input on the question

 

[Shel77]

Your OP made it seem as though you wanted to know the anwsers to these questions even though it was 4 years ago, I think you should have made it clear that you had already taken care of it and were simply curious as to what could have been done?

 

[TommyGunn]

Trash left

Now that I review my question I can see how some might read my question differently than I intended.
To help you understand, I must tell you Im a geezer that is new to PCs and this is my first forum.
In the future,when someone views my posts,please keep this in mind.
It will take me a little while to get the experience to be clearer.

 

[BradleyS]

Check your state law....

Fraud statute's concerning real estate differ in every state......

Some limitations start "the date of discovery".....

Some start after closing date.........

Some last 10 years........

Call a real estate attorney in your state........or search your state legislation web site.

start here: http://www.leginfo.ca.gov/