Carmen Carr you local real estate agent in the Truckee and North Lake Tahoe, has came across an interesting article about the items left behind after close of escrow. This is a common issue that buyers run into with sellers. In some cases it can be score, but in most cases it’s more of a nuisance. Check out this interesting article-
“Two years ago, when Lee Silber wanted to downsize from a house in the Midwood section of Brooklyn, she found a five-room co-op right in the neighborhood, made an offer and went into contract.
There was just one little problem with the new apartment. Actually, there was one big problem with the apartment: a wall unit the size of a woodshed in the guest room.
“It was a hideous piece of furniture, the ugliest thing I’ve ever seen,” said Rachel Weingarten, Ms. Silber’s daughter. “It was dark wood, so it killed any light, and so overwhelming it took up a third of the room.”
In every conversation with the seller, either Ms. Silber, a semiretired fashion designer, or one of her three children sought reassurance. “You’re taking the wall unit with you, right?” they would ask. Yes, the seller would promise, he was taking the wall unit. Absolutely, positively? Absolutely, positively.
Of course, you know where this is headed. The seller went. The behemoth wall unit did not.
There it stood, like a hulking bully, on the final walk-through, and “when we called the guy, he just played dumb,” Ms. Weingarten said. “My mother wanted to be out of her old house and in her new space, so everything went ahead as planned. But she had to pay quite a bit to have it disassembled and removed.”
Real estate closings are hobbled, sometimes even derailed, by a seller’s last-minute adjustment of terms. What the buyer had believed was included in the transaction — the Viking stove, the Sub-Zero refrigerator, the sconces in the living room, the fresco in the dining room, the brass carpet rods on the staircase — isn’t part of the deal after all.
But perhaps more vexing are the things sellers forget to take with them or quite deliberately leave behind — furniture that’s too much of a hassle to take apart, too unwieldy and costly to clear from the premises. True, years ago, they managed to get that monster sofa into the apartment, but now they can’t think how to get it out. Maybe that marble-topped dining table is too big for the new, tighter quarters the sellers are moving to across town. Or maybe they just plain don’t like it anymore.
Usually, buyers know ahead of time that they’ll be getting more than they bargained for or paid for. “If there are items that are required to be removed before the closing, the contract should provide for that in detail,” said Eva Talel, the head of the co-op and condominium practice at the law firm Stroock & Stroock & Lavan.
Just an assurance from the seller that yes, everything will be out before the closing isn’t sufficient, according to Ms. Talel. Especially in the case of an estate sale, when much emptying is to be done, there should be a time frame for completing the clean-out — say, two weeks before the closing. “The estate needs to know the buyer means business and doesn’t want to find out 24 hours before closing that grandma’s stuff is still there.” The New York Times By