Furniture ans other items left in house

[adjusterjack]

The sellers agent was the one who drafted the addendum

Never trust a seller's agent.

My husband signed it without talking to me

Quote it here word for word.

Like I said, I don't care about any of their property, I just want it out of the house.

Then play hard ball, as I suggested.

We already have a signed contract, checks were cashed and to the best of my very limited knowledge we are protected from them backing out. Is this true?

Only to the extent that if they do back out your remedy may be that you keep (as liquidated damages) whatever money they have already put up.

 

[Moly Noe]

That is going to depend on what your contract actually says about the personal property left in/on the property. You said it was hardly mentioned but that means it was mentioned.

Correct. It reads that furniture in the house will be removed by January 30th. That's it. My hope is that the furniture (and all other property) will be out by that date and want to know what we can legally do if the items are not removed by that date.

 

[Moly Noe]

Never trust a seller's agent.



Quote it here word for word.



Then play hard ball, as I suggested.



Only to the extent that if they do back out your remedy may be that you keep (as liquidated damages) whatever money they have already put up.

"Buyer allowed seller to move all the furniture out of the house on January 30 or before that, furniture is not included on the purchase price agreement".

 

[PayrollHRGuy]

"Buyer allowed seller to move all the furniture out of the house on January 30 or before that, furniture is not included on the purchase price agreement".

That says nothing about the car or bike.

 

[Moly Noe]

That says nothing about the car or bike.

Yes. and nothing about tools, items in garage or outdoor furniture and that's why I'm confused and asking for advice. I was shocked it was one sentence.

 

[xylene]

Your husband is a fool to have signed this.

 

[Moly Noe]

Your husband is a fool to have signed this.

LOL. No disagreement there. Ugh, this whole thing is a disaster. I appreciate everyone's responses!

 

[adjusterjack]

When I made my earlier comments it wasn't clear that you had ALREADY consented to the 20 day extension for the removal of furniture from the house.

Common sense suggests that when somebody sells a house, they move out completely by close of escrow and convey the house to the buyer with nothing left in it or on the property. Though, as a buyer, I would make that clear in the purchase contract.

Seems to me that the only things the extension covers is the furniture in the house.

If there is anything other than furniture left behind by close of escrow, refuse to close and you'll see how fast they get their stuff (other than furniture) out of there.

 

[not2cleverRed]

When I made my earlier comments it wasn't clear that you had ALREADY consented to the 20 day extension for the removal of furniture from the house.

Common sense suggests that when somebody sells a house, they move out completely by close of escrow and convey the house to the buyer with nothing left in it or on the property. Though, as a buyer, I would make that clear in the purchase contract.

Seems to me that the only things the extension covers is the furniture in the house.

If there is anything other than furniture left behind by close of escrow, refuse to close and you'll see how fast they get their stuff (other than furniture) out of there.

Common sense also suggests that when somebody sells a house, they don't get to continue renting out the place on Airbnb after the closing. Since they've already asked for that, and had to be told "no", I suspect that these are sellers who want the benefits of selling ($$) without the consequences (no longer owning/having use of the property).

OP really needs to follow your advice and have firm boundaries.

Or rather, OP needs to get hubby to get onto the same page.

 

[LdiJ]

The sellers agent was the one who drafted the addendum. My husband signed it without talking to me or our friend/mortgage agent.

If your husband signed off agreeing to give them the extra 20 days then you are really stuck giving them the extra 20 days. However, if you did not also sign, that might give you some wiggle room. I would really want to push the closing back that extra 20 days.

 

[PayrollHRGuy]

@Moly Noe

Have you checked and seen if the sellers have removed the AirBnB listing yet? If it is still there, create a login and try to book it for a date after your scheduled closing.

 

[TigerD]

The sellers agent was the one who drafted the addendum. My husband signed it without talking to me or our friend/mortgage agent.

Wait. The seller's agent presented a document to your husband for signature without going through your agent? And you didn't sign this addendum?

You need to talk to your agent and your agent's broker ASAP. Additionally, you should probably talk to a real estate attorney.

TD