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Posted: 8/8/2015 11:51:47 PM EDT
My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.

Question is by law how long does he have to completely remove his belongings?

This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.

Any help is greatly appreciated.


Link Posted: 8/8/2015 11:53:25 PM EDT
Originally Posted By IRGRUNT0311:
My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.

Question is by law how long does he have to completely remove his belongings?

This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.

Any help is greatly appreciated.


View Quote


Time to drill that lock and have a yard sell unless it was agreed upon before closing.
Link Posted: 8/8/2015 11:53:43 PM EDT
bolt cutters
ebay/Craigslist
profit

Posted Via AR15.Com Mobile
Link Posted: 8/8/2015 11:54:20 PM EDT
[Last Edit: 8/8/2015 11:54:38 PM EDT by bionicmonkey]
not sure about texas, but up here when you close and the keys change hands, that shit is yours, and anything left in it you can sue to have them remove it, or accept it as a gift, or haul it to the dump etc.  That shit certainly isnt theirs anymore.
Link Posted: 8/8/2015 11:54:36 PM EDT

Originally Posted By IRGRUNT0311:


My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.



Question is by law how long does he have to completely remove his belongings?



This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.



Any help is greatly appreciated.





View Quote
That's fucked up. Your moms now owns the property. I would assume that includes all items left there. Break the licks and replace with your own. Unless there was a lease back clause in the contract. I just bought a home and the previous owner left a ton of shit here too

 
Link Posted: 8/8/2015 11:54:39 PM EDT
Unless arrangements were made, last owner could be SOL if the new owners really wanted to push it.

Personally, the last owner would be paying me a decent storage fee if they want to be dicks about it because I'd pop their locks and replace it with mine if they were playing 'free storage'' games with me.
Link Posted: 8/8/2015 11:54:58 PM EDT
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Originally Posted By far_right:


Time to drill that lock and have a yard sell unless it was agreed upon before closing.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By far_right:
Originally Posted By IRGRUNT0311:
My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.

Question is by law how long does he have to completely remove his belongings?

This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.

Any help is greatly appreciated.




Time to drill that lock and have a yard sell unless it was agreed upon before closing.

If you want a war, listen to above
Link Posted: 8/8/2015 11:56:26 PM EDT
Also, where in Texas are you? Close to DFW? can I come look, maybe I can take some of the stuff off your hands?
Link Posted: 8/8/2015 11:57:33 PM EDT
What was decided on it during closing?
Link Posted: 8/8/2015 11:57:46 PM EDT
[Last Edit: 8/8/2015 11:59:15 PM EDT by Tango7]
Link Posted: 8/8/2015 11:58:07 PM EDT
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Originally Posted By glorifiedG:

If you want a war, listen to above
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Originally Posted By glorifiedG:
Originally Posted By far_right:
Originally Posted By IRGRUNT0311:
My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.

Question is by law how long does he have to completely remove his belongings?

This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.

Any help is greatly appreciated.




Time to drill that lock and have a yard sell unless it was agreed upon before closing.

If you want a war, listen to above


Well, you should have vacated the property before OP's mom closed.
Link Posted: 8/8/2015 11:59:26 PM EDT
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Originally Posted By tyman:
What was decided on it during closing?
View Quote


Typically it is covered in the contract.

I have seen people forget about hidden guns in furniture, jewelry, and even cash left behind.

Link Posted: 8/8/2015 11:59:27 PM EDT
Check your local laws.  In most cases anything left behind is now the property of the new owner. Unless there is a written agreement at the time of purchase more than likely you can tell the previous owner to get fucked.

That being said, I'd give him a deadline and stick to it.  Have his shit out by the deadline or you'll take care of it and he can pound sand.
Link Posted: 8/9/2015 12:00:08 AM EDT
What's really shitty is they wanted to push closing early so they could move. Mom being the nice lady she is said he could have 10 days. Will have to read her contact to see what's is writing. Guy ran a gun shop out of the shop and had two huge safes that he sold to me so I technically have items of mine in there.

I'm pushing my mom be more pushy to get him ass the fuck out.
Link Posted: 8/9/2015 12:00:33 AM EDT
As far as I know, anything left on the property when the sale of said property is completed is now the new owners and they can do with it as they see fit unless it was specifically referenced in the closing docs both party signs.



Time to go treasure hunting OP!  Dibs on 1 gold bar if you find any.
Link Posted: 8/9/2015 12:00:41 AM EDT
[Last Edit: 8/9/2015 12:03:26 AM EDT by AnticitizenOne]
I wouldn't want to be in possession of that unknown stuff without some paperwork.
Does your mom have a plan to explain twenty bales of Mexico's finest on her land?


 



ETA: On the curb is leagal for evicted stuff everywhere I've been.
Link Posted: 8/9/2015 12:02:07 AM EDT
Originally Posted By IRGRUNT0311:
My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.

Question is by law how long does he have to completely remove his belongings?

This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.

Any help is greatly appreciated.


View Quote

What did the sales agreement say?
Link Posted: 8/9/2015 12:02:47 AM EDT

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Originally Posted By BadCoverBrian:



Unless there was a lease back clause in the contract.



 
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This..



Well OP? Was there an agreement in the contract?
Link Posted: 8/9/2015 12:04:24 AM EDT
By law it's probable yours unless there are prior written agreements. But do the right thing and send them a certified letter detailing when they have to have it off YOUR property and what will happen to it they don't.
Link Posted: 8/9/2015 12:04:24 AM EDT
I am in agreement that once you close, that place is YOURS. Seller is now absolutely trespassing to even try and come back without your permission. I agree selling their stuff off hastily is recipe for a headache, but I would absolutely pop locks and go in. Its her house now. Not theirs. That's what closing is. Seller has already gotten money. Mom is now paying bank for it. Its hers. I'd be thrilled to find something of value left behind after closing because I'd be looking forward to keeping what I needed and selling the rest personally.
Link Posted: 8/9/2015 12:04:29 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By IRGRUNT0311:
What's really shitty is they wanted to push closing early so they could move. Mom being the nice lady she is said he could have 10 days. Will have to read her contact to see what's is writing. Guy ran a gun shop out of the shop and had two huge safes that he sold to me so I technically have items of mine in there.

I'm pushing my mom be more pushy to get him ass the fuck out.
View Quote


Sounds like an Arfcom treasure hunt
Link Posted: 8/9/2015 12:04:35 AM EDT
wonder what his screen name is on here
Link Posted: 8/9/2015 12:04:59 AM EDT
Safe thread.  
Link Posted: 8/9/2015 12:05:41 AM EDT
Stand by gents about to read contract. This might get good.
Link Posted: 8/9/2015 12:06:16 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By IRGRUNT0311:
What's really shitty is they wanted to push closing early so they could move. Mom being the nice lady she is said he could have 10 days. Will have to read her contact to see what's is writing. Guy ran a gun shop out of the shop and had two huge safes that he sold to me so I technically have items of mine in there.

I'm pushing my mom be more pushy to get him ass the fuck out.
View Quote


Safe thread
Link Posted: 8/9/2015 12:06:47 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MaverickH1:
Safe thread.  
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He's showed me the insides of both safes. There's definitely guns in both
Link Posted: 8/9/2015 12:07:09 AM EDT
Fuck it in on 1!
Link Posted: 8/9/2015 12:07:11 AM EDT
Link Posted: 8/9/2015 12:07:38 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By IRGRUNT0311:


He's showed me the insides of both safes. There's definitely guns in both
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Originally Posted By IRGRUNT0311:
Originally Posted By MaverickH1:
Safe thread.  


He's showed me the insides of both safes. There's definitely guns in both


So he sold you the safes and didnt yet remove guns? Those bastards are yours. I'd keep em.
Link Posted: 8/9/2015 12:07:55 AM EDT

Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MaverickH1:


Safe thread.  
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yep, this thread just shit the bed.





 
Link Posted: 8/9/2015 12:08:06 AM EDT
Closed on a house in Utah 4 months ago.

The sellers literally closed on their new house the day before they closed on the sale of the house to us so everything was a panic.

We did everything from start to finish through our attorney and when we took possession we noticed they left an entire custom upholstered patio set on the upstairs balcony, entire pool patio set by the pool, new pool cleaning equipment (their new house had a pool tool) and other misc stuff like heavy expensive pots/planters, etc you could see that the movers somehow missed or someone was under the impression that someone else was going to take it.

Ironically, they gimped out on professionally cleaning the entire house and pool as per the contract and actually left it a bit of a mess. Spoke to the attorney and he said since we closed, its our stuff and its on our property. If in the goodness of our hearts we could offer to let them get it, but after the stunt they pulled with leaving the place a wreck when they were supposed to have it professionally cleaned and made ready for us, we got some free custom made shit.
Link Posted: 8/9/2015 12:08:20 AM EDT
Have her check the contract. There should be a clause about removal of all personal property prior to the closing and the disposition of any personal property left after the title changes. Like, it belongs to her. If he wants it, he can buy it back.

It's hers. She has the right to enter the property whenever she wants because she owns it and the asshole who sold it to her has the right to pay for the locksmith to open the doors and to pay for the removal and storage of his stuff, subject to liquidation to offset damages he caused, within a reasonable amount of time. She may also file a tort claim because he's denying her access to real property that she owns.

He doesn't like it? He should have turned over the keys and got his stuff out of there before the closing.
Link Posted: 8/9/2015 12:10:20 AM EDT
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Originally Posted By MaverickH1:
Safe thread.  
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Yeah.

What is in the shop OP?
Link Posted: 8/9/2015 12:10:57 AM EDT

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Originally Posted By gammaecho22:


Closed on a house in Utah 4 months ago.



The sellers literally closed on their new house the day before they closed on the sale of the house to us so everything was a panic.



We did everything from start to finish through our attorney and when we took possession we noticed they left an entire custom upholstered patio set on the upstairs balcony, entire pool patio set by the pool, new pool cleaning equipment (their new house had a pool tool) and other misc stuff like heavy expensive pots/planters, etc you could see that the movers somehow missed or someone was under the impression that someone else was going to take it.



Ironically, they gimped out on professionally cleaning the entire house and pool as per the contract and actually left it a bit of a mess. Spoke to the attorney and he said since we closed, its our stuff and its on our property. If in the goodness of our hearts we could offer to let them get it, but after the stunt they pulled with leaving the place a wreck when they were supposed to have it professionally cleaned and made ready for us, we got some free custom made shit.
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That's more than fair on your part. Hope you came out ahead.

 
Link Posted: 8/9/2015 12:12:48 AM EDT
In on one for a weird form of a safe thread
Link Posted: 8/9/2015 12:13:09 AM EDT
The whole lock thing would infuriate me too. "Don't need in because you don't have stuff in there" ?!

Dude can't be fucking serious. Its HER house. He has no right to keep her out. I'd lose my shit. I would be in there same day and he could go fuck himself. The stuff left behind would be secondary to my access and even then only subject to the goodness of my heart if I felt like letting him have it and if I wanted to avoid a fight.
Link Posted: 8/9/2015 12:14:32 AM EDT
If there is a Bridgeport in there, I'll buy it.
Link Posted: 8/9/2015 12:16:42 AM EDT

Originally Posted By IRGRUNT0311:


My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.



Question is by law how long does he have to completely remove his belongings?



This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.



Any help is greatly appreciated.





View Quote
I would at least open and make sure I weren't in possession of something illegal



 
Link Posted: 8/9/2015 12:17:36 AM EDT
unless it says something else in writing all that shit is hers now.  Once the paperwork is signed its your house.
Link Posted: 8/9/2015 12:20:09 AM EDT
[Last Edit: 8/9/2015 12:22:17 AM EDT by bakkbakk]
....fuck it.  been said 12 times now
Link Posted: 8/9/2015 12:20:33 AM EDT
I used to buy/flip properties, have had quite a few finds on stuff left behind.  Once the seller receives payment the property is yours unless agreements were made.  If your mom said 10 days anything beyond that it's up to you/her.  In the interest of being somewhat charitable, I would pick a date and inform the seller that you have plans for the space starting on that date, and request a time to meet and oversee him as he takes what's his.  And watch him like a hawk.  There are rules about what conveys and what doesn't, so he can't go ripping out fans/light fixtures...but boxes of tools etc. are accepted as personal property.  You don't have to do this; you could rightfully curb/sell whatever you wish, but the animosity might not be worth the junk.  It's more likely he won't bother and leave you to clean it up, but I'd give him a chance.

I once found a set of pure silver flatware in an attic dating from the early 1800's.  Another time I removed a cabinet in a kitchen and a stack of 50 100 dollar bills fell out from the space behind it.  I held on to both expecting to be contacted.  Never was.  Still have the flatware, and a nice set of memories from a 5000$ trip to Hawaii.  

I never ceased to be amazed at what people left behind.
Link Posted: 8/9/2015 12:21:08 AM EDT
What about verbal agreements. Mom says she told him 10 days. Whose to say he says she told him two months? If this gets ugly would a verbal agreement have any power?
Link Posted: 8/9/2015 12:22:13 AM EDT
Im pretty sure that in just about every state, unless otherwise stated in the contract that everything on the property is now yours once keys exchange hands.



When I got my first house it had a shed and the previous owners were not able to get everything out because the place they were moving into didnt have a shed and it would be 2 weeks before the contractor could get one put in.  So we agreed they could leave it there but charged them a $25/storage fee.  Yeah, it was high but it was an incentive to get them to expidite.  They had 14 days then everything in it bacame mine.  And after they did the math of $25x14....they came and got that shit in 3 days.
Link Posted: 8/9/2015 12:23:04 AM EDT
Might you consider some way to notify you immediately if former owner enters the property?
Link Posted: 8/9/2015 12:23:31 AM EDT

Discussion ForumsJump to Quoted PostQuote History
Originally Posted By far_right:





Time to drill that lock and have a yard sell unless it was agreed upon before closing.
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Originally Posted By far_right:



Originally Posted By IRGRUNT0311:

My mom recently purchased a home here in Texas. The house included a 30x40 shop. They closed on the house two weeks ago. The sellers has yet to remove all items in said shop as in it is full. We can't even get in because the seller took the dead bolt key and has yet to return.



Question is by law how long does he have to completely remove his belongings?



This guy is telling her it could be 3-4 weeks before he could empty it. And he is saying we don't need the key to it since we have nothing in it.



Any help is greatly appreciated.







Time to drill that lock and have a yard sell unless it was agreed upon before closing.
yard SALE.

 
Link Posted: 8/9/2015 12:24:42 AM EDT
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Originally Posted By IRGRUNT0311:
What about verbal agreements. Mom says she told him 10 days. Whose to say he says she told him two months? If this gets ugly would a verbal agreement have any power?
View Quote

Did she say it in front of the title company representatives, or just to him?  If so, I would have minor concern, but ultimately it's he/she said, and law is on your side.
"If u wanted to keep the items you should have removed them prior to transfer of ownership, or addressed the issue in the contract." - any judge anywhere.
Link Posted: 8/9/2015 12:25:19 AM EDT

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Originally Posted By IRGRUNT0311:


What about verbal agreements. Mom says she told him 10 days. Whose to say he says she told him two months? If this gets ugly would a verbal agreement have any power?
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She can be nice and contact him, but beyond 10 days it's all hers



 
Link Posted: 8/9/2015 12:25:47 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By IRGRUNT0311:
What about verbal agreements. Mom says she told him 10 days. Whose to say he says she told him two months? If this gets ugly would a verbal agreement have any power?
View Quote


Time for a certified letter spelling out the time frame for removal of the items.


20
Link Posted: 8/9/2015 12:26:44 AM EDT
[Last Edit: 8/9/2015 12:27:14 AM EDT by mac3]
Isn't possession 9/10ths of the law? If it was my parents, we would have busted in to see if they acquired anything cool
Link Posted: 8/9/2015 12:27:31 AM EDT
I'm not big on being told not to access my own property.

That door would be open within ten minutes of the conversation, and he'd get a No Trespass order.
Link Posted: 8/9/2015 12:27:37 AM EDT
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