Seller does not want to clean out property

[Dena Wesley]

Hello everyone,

I went under contract on a mixed use property back in late June that I'm converting back to a duplex. My agent sent over an addendum to extend the closing since I'm using a rehab loan and I also had added that all hazardous materials must be removed prior to closing. It was a chiropractor office on the lower level with an apartment upstairs that still has the x-ray machine/equipment and patient x-ray films. The sell is through a trust and the son of the deceased doctor is only willing to provide a dumpster. He does not want to do an actual clean out. The films are illegal to throw in the trash and the machine appears to be pre-1979. According to Missouri Department of Natural Resources, machines this old may contain hazardous PCB's and should be disposed of by a professional. The sales contract does stipulate that the "unless otherwise agreed in writing, SELLER must remove all possessions, trash and debris, and clean the property upon vacating or prior to delivery of possession." I want to choose my battles wisely and told my agent I have no problem disposing of the other contents of the property which is a bunch of furniture and pictures, since it's being rehabbed and we'll have a dumpster on hand to pitch those items but I'm pretty sure I'd incur an extra expense getting rid of the x-ray materials.

I did locate a couple of local companies that will dispose of such items and forwarded them to my agent for her to pass on to the seller's agent.

Can a seller just refuse to clean out a property? I don't want to threaten to walk away because I did get it for a good price and it's in an area that is experiencing a lot of growth. Plus, I had the 203k consultant do a feasibility study this week which was $500 cash out of pocket. Thoughts and advice is much appreciated!

[Rick H.]

Do you want to be right or rich?

Spend the money and close the deal. 

In future, you will include a clause in your contract or addendum that addresses this expense.. 

Let's call it "the $500 clause."

An old joke among property managers is the inclusion of an anti-prostitution provision in their leases, also referred to as "the worlds oldest clause." (Ahem)