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  1. #1
    Join Date
    Dec 2019
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    8

    Exclamation Seller Wants Personal Property Left on Premises Back After Closing

    My question involves personal property located in the State of: Idaho
    I purchased a furnished guest ranch without a realtor or lawyer, we did utilize an Idaho company for title and escrow. Simple, online purchase and sales agreement did not include any list of excluded items /personal property, nor did 3 subsequent addendum. During escrow, Seller made multiple trips with trucks/trailers to remove sentimental personal property. After a seven month escrow, property closed, recorded and we took possession. We did have a written agreement for seller to advise and consult during the first year of business, among other things. Relationship soured, seller now claims ALL personal property left on site was mearly on loan temporarily, and is now demanding everything be returned to him, from ranching equipment, beds to kitchen utensils.
    There was no verbal agreements and no written agreements in regards to personal property. What does Idaho law say about personal property left on the premises after closing, funding and possession? Can anyone refer me to specific Idaho laws or information?
    Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    17,616

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

    Here's what the LAW (everywhere) says:

    It depends on the terms and conditions of your contract (and its addendums).

    And nobody is going to be able to comment without reading the contracts in their entirety.

    One option is to tell the guy to pound sand and see if he sues you or not. If he does you get a lawyer. If he doesn't, you ignore him.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,988

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

    Quote Quoting IDcowgirl
    View Post
    My question involves personal property located in the State of: Idaho
    I purchased a furnished guest ranch without a realtor or lawyer, we did utilize an Idaho company for title and escrow. Simple, online purchase and sales agreement did not include any list of excluded items /personal property, nor did 3 subsequent addendum. During escrow, Seller made multiple trips with trucks/trailers to remove sentimental personal property. After a seven month escrow, property closed, recorded and we took possession. We did have a written agreement for seller to advise and consult during the first year of business, among other things. Relationship soured, seller now claims ALL personal property left on site was mearly on loan temporarily, and is now demanding everything be returned to him, from ranching equipment, beds to kitchen utensils.
    There was no verbal agreements and no written agreements in regards to personal property. What does Idaho law say about personal property left on the premises after closing, funding and possession? Can anyone refer me to specific Idaho laws or information?
    Thank you
    You need an attorney. I suspect that the seller is full of it, but you need your sales documents reviewed by an attorney to know for sure. Most of what you describe would not be considered to be personal property.

  4. #4
    Join Date
    Dec 2019
    Posts
    8

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

    We used a very simple, basic contract found online. There is no list of excluded items, only reference to personal property is that the seller warranted that all structures and any personal property included in the sale were in good working order, etc.
    If not personal property, what would many of those items be considered?

  5. #5
    Join Date
    Nov 2013
    Posts
    6,702

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

    You did not inspect the property and make an inventory of what was included in the sale (my assumption) before you made an offer and before closing. You say that your contract was to purchase a furnished guest ranch. However, did you ever define in the contract what a furnished guest ranch was or what was considered furnished?

    Furnished is defined as: (of accommodations) available to be rented with furniture. This does not include anything that is physically attached to the real property such as a stove or light fixtures, or any infrastructure to make the ranch livable. It would not include ranching equipment.

    Regardless; there was a meeting of the minds in the contract or there wasn't. You contend that you were buying a fully operation guest ranch including everything and the seller obviously thought he/she could take what ever they chose up to the day of closing. And now want just about everything not nailed down returned to them.

    You screwed up by not defining what you were buying. Now you need an attorney to resolve the contract issue and what you understood to be the deal and what the seller understood to be the deal.

    I would say that you understood that you were buying an ongoing business and all the furnishings, equipment, appetences associated with it. Obviously the seller is saying that was not the deal.

  6. #6
    Join Date
    Dec 2019
    Posts
    8

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

    Yes, I do know that we screwed up by not having a specific inventory and clear signatures on a written contractů Hindsight is 20-20. At this point, if there is no written contract or instructions, and he had seven months to remove anything he wanted, then closed, funded and handed over possession, does everything he left on the property belong to us? Note: there has been no request for the return of any items since we closed six months ago. He simply got mad because I requested he return a piece of property that he removed two months after closing without permission.

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,987

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

    Quote Quoting IDcowgirl
    View Post
    ...I requested he return a piece of property that he removed two months after closing without permission.
    What did the police say when you reported his trespass/break-in on/into your property?

  8. #8
    Join Date
    Dec 2019
    Posts
    8

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

    Local sheriffs department took the report, are in process of investigating it with their detective. They said it sounds like it may be a civil matter and suggested I file a small claims court complaint simultaneously with the sheriffs report, which I did.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,616

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

    Quote Quoting IDcowgirl
    View Post
    suggested I file a small claims court complaint simultaneously with the sheriffs report, which I did.
    You might have revealed that in your first post.

    You've filed a lawsuit in small claims court for one particular item, is that correct?

    What is the status of that lawsuit?

    Has he counter-sued you?

  10. #10
    Join Date
    Dec 2019
    Posts
    8

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

    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 forumů 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.

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