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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Post Property Seller's Rights to Personal Property Left After Closing

    My question involves personal property located in the State of: Nebraska
    We recently purchased a pice of land. The previous owner had a bunch of junk and old farm equipment stored there. Per our purchase agreement the seller was to remove the personal property by a set date (which was moths prior to closing). Our purchase agreement also stated that there could be no modifications to the agreement unless they were in writing and signed by all parties. We gave the seller extra time to remove the personal property and when the closing date came, the personal property was still not removed. Now the seller wants us to give him extra time to get the property removed (note that the seller had not been living at the residence for over 6 months). We want to get rid of the property ourselves (or keep some of it for future use). By law, it seems we would be well within our rights to tell the seller that since the title is in our name now, he cannot come back on the land to retrieve the property and could even go so far as to contact the county sheriff to report him as trespassing.
    I don't want to get into a legal pissing match with this guy but I also feel like he just got a couple of months free storage for his crap and thinks he is going to just come get his stuff piece by piece. I don't want to give him notice or time to come get his stuff I just want to say "you're done".
    What I want to know is can I keep him from coming to claim his stuff and does he have any legal right to try to claim it still?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,256

    Default Re: Personal Property Left After Closing

    Quote Quoting flycologirl
    View Post
    My question involves personal property located in the State of: Nebraska
    We recently purchased a pice of land. The previous owner had a bunch of junk and old farm equipment stored there. Per our purchase agreement the seller was to remove the personal property by a set date (which was moths prior to closing). Our purchase agreement also stated that there could be no modifications to the agreement unless they were in writing and signed by all parties. We gave the seller extra time to remove the personal property and when the closing date came, the personal property was still not removed. Now the seller wants us to give him extra time to get the property removed (note that the seller had not been living at the residence for over 6 months). We want to get rid of the property ourselves (or keep some of it for future use). By law, it seems we would be well within our rights to tell the seller that since the title is in our name now, he cannot come back on the land to retrieve the property and could even go so far as to contact the county sheriff to report him as trespassing.
    I don't want to get into a legal pissing match with this guy but I also feel like he just got a couple of months free storage for his crap and thinks he is going to just come get his stuff piece by piece. I don't want to give him notice or time to come get his stuff I just want to say "you're done".
    What I want to know is can I keep him from coming to claim his stuff and does he have any legal right to try to claim it still?
    What did the purchase agreement say was to happen if he did not remove the property by the set date?

  3. #3
    Join Date
    Sep 2005
    Location
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    Posts
    98,846

    Default Re: Personal Property Left After Closing

    In part, this could turn on the language of the contract. For example, if the items at issue are specifically excluded from the sale, it becomes harder to argue that they passed to you when the sale closed, but if the agreement was that the seller was to remove any personal property he was claiming from the property by [date], expressly or impliedly holding that property not removed by the deadline was no longer subject to any claim by him, then you have a decent case for saying it's now yours. So the first place to look is the language of your contract.

    I don't see a definitive rule for your state in the absence of a contract provision, but in most states (absent something in the contract to the contrary) items of personal property left after closing and conveyance of the premises to the buyer become the property of the buyer.

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