leftover furniture from previous owner!

amother

Mon, Nov 03 2008, 7:53 pm

Bought a house from a frum family forced to sell because of a divorce. Wife has been living in house with kids. When she gave us the keys she explained that a family member had been storing their bedroom set in her basement and had not yet come to remove it. We explained to her that we needed the space as we were moving all of our stuff in to the basement until the painting and carpeting was complete upstairs. She was very upset that we could not accommodate her and finally called her relative and told me to talk to her. I explained the situations and said while I would love to help. I can't. This was motzai shabbos. She said she was coming for it on sun afternoon. I suggested that before our movers unpacked our stuff sunday morning, they would remove hers and place it on side of house for her. She agreed. She never showed up. Attempts at reaching seller are unsuccessful ( don't know relative, or have her number). She doesn't answer her phone or return messages? What should I do with the stuff? Aside from this, She left tons of garbage and we will need to pay off garbage men to take her stuff. Should I throw this bedroom set away with the garbage? It's a great bedroom set,it's a shame to throw away, but it can't stay on the side of the house and if I'm going to throw it out, would prefer to do it with the rest so only have to pay garbage men once. Can I use it? Should I give it away?

mummiedearest

Mon, Nov 03 2008, 8:34 pm

legally they have to have ALL their stuff out of your house by closing. if their stuff is still in your house, they have to pay your mortgage for that many days. speak to your real estate lawyer. if they left it there it may be legally yours.

Mrs Bissli

Tue, Nov 04 2008, 3:40 am

How about calling the seller and tell that she/her relative needs to pick up the furniture by such-and-such date (give them 1-2wks if you're generous), or you'll donate the furniture to charity/gemach? I'm tempted to put that in writing as well--you can probably send it to the seller or her lawyer?

dillie

Tue, Nov 04 2008, 5:02 am

Did you use a lawyer to close the deal? Have your lawyer call her lawyer. Stay out of it if you can.

You might also want to call your rav for the halachic perspective. The legal perspective is on your side, unless otherwise stipulated in the contract.

Your lawyer should have included 'broom clean' in the contract, and made them give you money back at the closing to deal with any conditions you found during the last walk-through of the house. Too late for that now.

I find it amazing that the seller is upset that you are not accommodating her relatives storage needs. There are storage facilities they can rent all over the place. it is not your responsibility to store their stuff for free, nor is it your responsibility to ask them to get it out.

What if it were stolen or damaged while outside your house- or if it were still in your house, what if there was a flood or a fire ch"V?? Would she expect you to reimburse her relatives for their property??