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Personal Property left on Real Property

2,372 Views | 9 Replies | Last: 5 yr ago by BoerneGator
oklaunion
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My brother is buying and closing tomorrow on some acreage with a couple of barns full of stuff including tools and some agricultural items. The seller agreed to have all the stuff removed before closing but it ain't happening. What is the protocol regarding allowing someone to enter a property after the title has changed to retrieve personal property? Liability seems to be a problem if there is an injury.

If the situation isn't covered in the contract, is the buyer obliged to allow continued access to the property? He is just trying to head off problems but seller won't communicate.
Martin Q. Blank
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Tell him it will be auctioned off within 7 days.
Wicked Good Ag
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He could lease the property back to the old owner for a fee until property is removed. He would obviously get compensated for it He could also have it removed and let the old owner know where it is being taken
Ornlu
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AG
If the house is really in Oklaunion, I know a few folks from Vernon who will buy the tools.
BrazosDog02
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AG
When I moved into my place in the country I had a similar situation. For me, after closing, everything on the property is mine. They never made much effort to retrieve it and I kept it all.
oklaunion
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Thanks for all the replies. The guy didn't even show up today at closing. They were hoping to ask him his intentions for all the stuff.
The Original AG 76
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AG
oklaunion said:

Thanks for all the replies. The guy didn't even show up today at closing. They were hoping to ask him his intentions for all the stuff.

ok ..as in failed to CLOSE ? So how did they close without the seller? You do understand that nowadays the closings are separate . A lot of buyers didn't want the seller sitting across the room seeing all of the documents outlining the buyers financials so here are separate closings now. Plus the seller usually has far less paperwork to drudge thru and it was a waste of time to sit thru the reams of gobbledygook that the buyer has to go thru.

Is the transaction closed ?
aggiepaintrain
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AG
If you closed and there was nothing specific in the contract outlining personal property sounds a big garage sale is in the future
FJB
oklaunion
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Yes, he closed. Seller did have a representative present and my brother didn't indicate there were any sirens going off as he was handed the gate keys. That's all I know.
Zemira
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AG
Sounds like your brother is the proud new owner of a bunch of farm equipment.
BoerneGator
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AG
Possession is 9/10ths of the law, and in your brothers case, even more so. It's his to do with as he pleases. It's entirely up to him what happens to it.

I bought a farm from an old couple in their late 80's and allowed them to remain in the house for a year, rent free. The old man was a regular pack rat, and had accumulated all manner of stuff. I told him he could continue to haul it off, but after more than a year of that, I finally had to tell him "his time was up"!
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