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  1. #11
    Join Date
    Oct 2006
    Posts
    15,989

    Default Re: Seller Wants Personal Property Left on Premises Back After Closing

    Quote Quoting IDcowgirl
    View Post
    Sorry for not going into the small claims court subject, the instructions on this site said to keep it simple and this is my first time asking a question to any type of forum… That being said, he has responded to my small claims filing by counter suing me for everything on the property, claiming it was just temporarily on loan to me until he felt like picking it up.
    This was a residential property transaction, not a business. There was no written or verbal agreements in regard to personal property or items left behind.
    You really need an attorney on board.

  2. #12
    Join Date
    Dec 2019
    Posts
    8

    Default Re: Seller Wants Personal Property Left on Premises Back After Closing

    Meeting one in the morning, thank you for all the input 😊

  3. #13
    Join Date
    Mar 2013
    Posts
    17,623

    Default Re: Seller Wants Personal Property Left on Premises Back After Closing

    Please keep us posted on how things progress.

  4. #14
    Join Date
    Dec 2019
    Posts
    8

    Default Re: Seller Wants Personal Property Left on Premises Back After Closing

    Will do, thank you

  5. #15
    Join Date
    Dec 2019
    Posts
    8

    Default Re: Seller Wants Personal Property Left on Premises Back After Closing

    County sheriff took the report, suggested I file a small claims suit as well, as “this issue may be better settled in a civil court situation”.
    I have a retained a very experienced litigating attorney, she agrees that it is a common law principle that personal property left after the close of escrow, in the absence of any written agreements, is considered abandoned property and becomes the property of the buyer.
    We had no agreements, written or otherwise, in regards to personal property excluded from the sale, and it’s been over 6 months since close of escrow...she says “he doesn’t have a leg to stand on”. We are preparing a response.

  6. #16
    Join Date
    Oct 2006
    Posts
    15,989

    Default Re: Seller Wants Personal Property Left on Premises Back After Closing

    Quote Quoting IDcowgirl
    View Post
    County sheriff took the report, suggested I file a small claims suit as well, as “this issue may be better settled in a civil court situation”.
    I have a retained a very experienced litigating attorney, she agrees that it is a common law principle that personal property left after the close of escrow, in the absence of any written agreements, is considered abandoned property and becomes the property of the buyer.
    We had no agreements, written or otherwise, in regards to personal property excluded from the sale, and it’s been over 6 months since close of escrow...she says “he doesn’t have a leg to stand on”. We are preparing a response.
    Good Luck! Do come back and let us know the outcome.

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