Seller leaves home in unlivable condition

[mikekampmann]

What is the name of your state? Virginia

I recently purchased a home in Virginia in which the seller did not remove all of his possessions (unwanted or otherwise) from the property. It included rotted out pumpkins on the front porch, miscellaneous junk in the back yard, rotted food in the refrigerator, and a garage full of his possessions. In addition, he did not leave keys or garage door openers. Also, the home was unlocked.

Upon witnessing this situation I notified my real estate agent who in turn notified the sellers real estate agent. The seller then returned to my property, which I did not authorize, and proceeded to enter my garage using one of the keys he did not surrender. While he removed most of the items from the garage and porch there was still rotted food in the refrigerator and other junk in the house.

What legal recourse do I have? Can I sue for trespassing? Am guessing not, without concrete proof. I should have taken more pictures.

As a result of his negligence I incurred $450 to rekey the property and $200 in cleaning costs (if I had paid someone to clean the mess). I left a $500 check for furniture that I agreed in email to purchase from him at closing (not in contract). I immediately stopped payment on this check upon seeing the mess he left behind. He wants to go to court over this money. I can give him the $ but want to explore what legal options I have if any.

Thanks for reading.

 

[seniorjudge]

As a result of his negligence I incurred $450 to rekey the property and $200 in cleaning costs

These are not damages; these are normal things you do when you move into a used house.

So, having said that, you don't have a case. No damages, no case.

 

[Silverplum]

As a result of his negligence I incurred $450 to rekey the property and $200 in cleaning costs

These are not damages; these are normal things you do when you move into a used house.

So, having said that, you don't have a case. No damages, no case.

Seconded. Extremely common. Common as dirt.

 

[FlyingRon]

Anybody who doesn't rekey a home they buy is a fool. Used or New. Even if the builder or previous owner turns over every key they have, you have no clue what copies had been made during the course of the possession.

 

[mikekampmann]

I understand re-keying is common place (like dirt). Thanks for confirming. My bigger concern (should have made this clear in my original post....need to work on the writing skills) surrounds the trespassing on my property buy the seller. I did not authorize the seller to enter my property to remove his possessions. I merely expressed displeasure of encountering my new home in an unlivable condition (i.e. far from "broom clean") to my realtor. I took pictures as there were heaps of garbage on the front porch, rotten/molded food in the refrigerator, junk in the backyard, cluttered garage.....the list goes on.

I now have a written document (email) from the seller's realtor confirming that the seller entered my property after close (was not the case at the time of my original post). Once again, I in no way approved of this individual setting a single foot on my property. My realtor informed the seller's realtor of the situation and then he showed up on my property without my permission. Would that be considered common as dirt? Do fools allow a seller of real estate to leave the property resembling a junkyard?

 

[longsally111]

I am not sure what you are upset about. You complained that he left things there and a mess and he went back and got the things off the property so now you are complaining that he went back for the items and "trespassed". What were you expecting to happen?

 

[OnceUponATime]

Did you do a walk through inspection?

Normally a walk-through inspection is done prior to settlement, for the exact reasons you are experiencing. You, or your realtor, should have brought this up at settlement, or prior to settlement. The Virginia sales contract requires the property be "broom clean", unless other provisions are made in writing. If you accepted the condition of the property at settlement and signed the docs, you probably have little recourse. Your realtor didn't have anything to say on this matter prior to settlement?