Property Left After Close of Escrow in California

[Carolyn1221]

My question involves personal property located in the State of: California.
We closed escrow on 7/29/2011 on a property that was a ranch. In the contract it stated that the farm equipment and portable fencing was NOT included in the sale of the house. We are fine with that as we have no livestock. My question is the previous owner has been dragging his feet on removing the equipment. We have been very accommodating to his need for access but we feel he is taking advantage of our kindness. When we asked him to come get the equipment he makes up excuses and when he does show up he barely takes anything and has become rude! My question is what legal recourse do we have to either get him to remove the equipment or can we legally sell it so that we can get it off our property. Mind you he has 3 large trailers, a barn, portable arena fencing, etc. which is quite an eyesore! Thanks in advance!

[jk]

what did your sales contract say to possession of the property and the disposition of any remaining items? Many state that barring some agreement, upon possession of the premises, any property left is considered abandoned.

[Carolyn1221]

The contract was not clear, it just stated that the items needed to be removed by close of escrow. That is where we are stuck, we don't know what this means for us and what rights we have. He is clearly taking advantage of us and I'm tired of it.

[jk]

Actually with what you have stated, the contract was quite clear. The items must be removed by close of escrow. That means, if they are not, barring any agreement you entered into beyond the written contract, those items, at the close of escrow, are considered abandoned property and become yours to do with as you please. The statement they were not included in the sale does not affect the items other than it makes it clear they are not part of the sale. Him leaving them on the property does constitute abandonment though.

If you want to allow him to claim the items, send him a certified letter noting that all personal property he intended on claiming had to be removed by the close of escrow. Since he has left the items in question after escrow had closed, they are rightfully considered abandoned property but you will give him (XX) days to remove the items or they will be disposed of as you desire.

If he does not remove the items, do with them what you want to.

[Carolyn1221]

Thank you for your advice! We called him yesterday to tell him he had by Friday to get it all out, he showed up this morning but we will send him a certified letter because I doubt he will take it all by then. Does it matter that he is has gotten some of the items? Again thank you for the advice, we really appreciate it!

[jk]

No, it really doesn't matter that he has taken some of the items. You would have no way of knowing what he intended on taking or leaving.

Just be sure that you abide by any agreement you made with the guy.

[Carolyn1221]

Awesome! Thank you again so much!