Materials Left Behind after close

[mrserv0n]

I bought a home in December of 2005, It is now May 9th the the previous home owner is crazy and telling me out of nowhere that he wants the snowblower and grill and patio set and bike that he left behind. I told the homeowner to take whatver he wants prior to close and whatver he leaves behind Ill clean up after him. What are his rights to these materials and when do material possesions left behind legally become mine?

Thank you

[aaron]

It depends upon state law and the terms of the purchase agreement, but in most states if you leave it behind after closing and there is no agreement to the contrary, the items you leave become the new owner's property.

[mrserv0n]

It depends upon state law, but in most states if you leave it behind after closing and there is no agreement to the contrary, the items you leave become the new owner's property.

I live in the state of michigan. What is our states law?

[aaron]

Typically it is expressly addressed in the contract between the parties.

[mrserv0n]

Typically it is expressly addressed in the contract between the parties.

Ok well my purchase agreement states something that he is to leave such as pool equipment, applicances etc, but does not mention little things like a grill, bike, etc.

So if the items in question are not in the purchase agreement and not in any contract, he left them without any understanding of picking them up 5 months later, then whose are they?

[mrserv0n]

Typically it is expressly addressed in the contract between the parties.

Hi aaron, im a younger guy so dont understand exatly what this purchase agreement is stateing but this is what it says

Seller shall provide a bill of sale for all including personal property at closing. Exclusions specified in listing contract that are NOT specifically excluded herein shall be included in this sale.

What does that mean? the line underneat it was left blank btw.

[aaron]

That basically means that if the listings contract says something like "light fixtures not included", the sales contract governs. However, it also indicates that the issue may be addressed in the bill of sale presented at the closing (or by the seller's failure to present a bill of sale at the closing, if none was presented).

Consider making a report of the property to a police agency under Michigan's Lost Property Act. That gives the owner six months to recover property of major value, after which:

(1) Collectible currency, currency, perishable property, and property of major value that is not claimed as provided under section 5(2) shall be disposed of by the law enforcement agency as follows:

(a) Unless the finder of the property cannot be located or does not want the property, return the property to the finder.

Assuming you don't find express support for ownership in the bill of sale, if you wish to play hardball you could nonetheless assert that it was your understanding that you gained ownership under the sales agreement at the time you took possession, and see what he does. The potential problem with that approach is that you could end up in court.

[mrserv0n]

I dont want to file a lost property act because he would just be contacted and claim the items. What I still dont understand is how he could have ANY ownership left in these household items after closing unless SPECIFICALLY excluded in the purchase agreement or bill of sale which none of these items are addressed period.

Are u telling me that if I buy your home, and 6 months later you remeber you left your favorite patio chairs behind the shed and I the new home owner loves the chairs and u left them for winter and after close, are they still your chairs? I say No Way.

Because a huge problem lyes if thats the case, 1) he will take back his snowblower, grill, patio set, bike which i was under the impression, which he gave, that these items were included, 2) because he is crazy he could come back every week and say HEY those are my Pots and thats My wheel barrow, when does it END!?

[aaron]

I agree with you. I just am not aware of any Michigan legal authority which automatically gives you ownership. Perhaps a quick consult with a local real estate lawyer, or possibly even a real estate agent, could produce some authority of which I am not aware.

[mrserv0n]

Yea I spoke with 2 agents and both state that anything not listed in the bill of sale as an exclusion, or written arrangements to pick up an item after closing then the seller forfeits any materials on the property if not specifically mntioned in the bill of sale, so just to stress my point above, thank god im correct and if he takes me to court it would be simply on word of mouth without witnesses therefore i would win without any problem.