All Forum Posts by: Travis D.

Yes, mostly paintings and antiques. Not like a gallery's worth but a few that the Seller who is an artist had kept at the house. As far as antiques, some lamps that are supposedly worth over $1000 each. The new Buyer is asking for a breakdown of the value of each item they are removing from the house. I'm estimating the total value to be about 7-10k worth of stuff, thus I'll be paying 3500-5000 out of my assignment fee. Very upset with myself as its a costly mistake. Any other suggestions in a situation like this?

Thanks you both very much for the feedback. It was a pure oversight to not include the items they wanted in the contract and I'll be sure not to make that mistake again.

Jerry, that's a great resource and idea to have to remove items from properties. I'll be sure to keep that in mind. As it stands now, the Buyer is asking the Seller to provide a list of items they plan to remove along with a value of those items. The Buyer will then ask the Seller to pay for 1/2 of the value of the items as a line item on closing statement. I feel it was my error and responsibility so I'm working with the Seller to eat as much of that cost that is reasonable.

Thanks Jon..Appreciate the clarification.

One other quesiton related to a previous post....

If I'm assigning a contract for a fee of 15k and the buyer gives me 3k upfront, are they not entitle to my rights until the day of closing when I get the balance of the fee? Do they have any say in the Purchase Agreement or any enforcement before that time? Thanks for the feedback.

So I'm interested to get some feedback and guidance on an delicate issue I have right now. I put a property under contract and it so happened to be one that was vacant for 3 yrs and the sellers were still moving personal items out of the house but would ultimately be leaving most of their debris/rubbish come closing. I have in my purchase agreement as part of my inspection clause, "Unless specifically excluded in this agreement, all other items of personal property located in or on the property shall be included in the sale. This clause shall survive closing of title".

Well, I've since assigned my contract (got 1k deposit to my company, 2k deposit to title company escrow, and getting another 9k @ closing) and the new buyer is expecting to keep all the items in the house, when I had a previous understanding with the seller that we would just remove anything they left post closing.

What I'm asking is does the new buyer actually have rights to the items the Seller hasn't yet removed? How do I work around this to make sure the Sellers do not lose rights to it but also prevent a legal issue with the Buyer. Do I have legal liability in this situation? Your thoughts and feedback would be much appreciated.