Expert: liznarr - 1/24/2010

Question
On December 24th we closed on a house and 24 acre farm. We verbally granted the seller 2-3 weeks to remove items from the barn/outbuildings of the property. He has called and offered an "out date" several times but still has not removed most of the items. We regret giving him the leeway to use our barn as storage and now we need the space ourselves.  What are our rights in this situation?  Can we dispose of the items?  Can we charge him the 100 dollars per day as specified in our contract? Should we send a certified letter with an absolute date the items must be out?  We have since learned the seller was dishonest about a few minor things in the disclosure so our desire to be nice and help him with his storage issues has lessened to say the least.  What are our rights as it pertains to his personal property?  Thank you very much.

Answer
Hi Tracy,

I don’t blame you at all for being less tolerant now with this former Seller.  Sorry to hear that he is taking advantage of your good nature.

I am not an attorney and am not qualified to give legal advice, but I would not dispose of any of this Seller’s items without properly notifying him and also seeking legal advice.

You should consult with an attorney in your area for your specific rights, especially any survival clause in your Contract.

In my area, my experience with similar situations is that a new owner would send the former Seller a letter by Certified Mail, demanding that he remove his items as agreed not later than … (three weeks after closing).  After that date, the former Seller will be charged storage fees in the amount of “X” Dollars daily, adding that if not removed by “X” date, the items will be placed in a locked storage bin with additional charges accruing before property can be reclaimed.

An attorney in your area can advise you what procedures are legal in your state and what legal language you should include in your letter.  If your Contract of Sale specified an amount of $100 per day, unless there is something in your State’s laws which would prohibit this, you should be able to make the demand for $100 daily.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth