Our state association has a Legal Hotline and it seemed appropriate to ask them ....had we been practicing "incorrectly" for decades ? (See yesterday's post here.) Before someone bounces on us for not appearing with boxes and hand trucks....Know that the Seller told me less than 24 hours before the Buyer's closed that the house was "immaculate" and he had two things to move....the story changed as time went on....
Moving much like remodeling, sometimes cooking from scratch and other tasks....always takes longer than you think which is why I regularly made suggestions....offered a mover, reasonable source for boxes, donations etc. This was all handled...I was told until the end....and we extended the walk thru but the Buyers would not extend the closing as they had already scheduled contractors. Their choice and we made the Seller aware...whatever is left there is left for the Buyers to do as they pleased.
Long story lonnnnnger.....many items left....Buyers won't change the closing and Seller ran of time.....and I repeat the mantra of You left it, you lost it. That can't be......"I will see them in court." (Good luck with that I am thinking.)
To ease my mind...to reinforce our position and to let the Seller know that what I was saying for weeks was true...enter legal hotline. Reference the Offer to purchase which says in part: "...property shall be left in broom swept condiiton free of all debris and personal property" Further elaboration by the Association's lawyer included that indeed, the Buyers were free to do as they pleased with whatever was left on the property.
Always allow more time than you think you need, I had cautioned....I know the feeling...thinking everything is packed from this room and finding a drawer full of.....
We always say that if there was one legal opinion there would be one lawyer.....lawyers look for opinions supported by case law to prove their point....and should this continue, the hunt will be on especially if things have been disgarded.
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