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Old 08-02-2019, 07:17 AM
jstubbs jstubbs is offline
 
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Default Question about items left in house after closing date

Hey everyone. My parents recently purchased a house. Process was fine and normal. Two days prior to closing date, I went with them to check out the place, house was about fully barren except a few TVs, a pool table, and some other random objects. All good, no problem. Their realtor informs them that the pool table was not written into the contract.

On day of possession, the TVs and the other stuff is gone, but the pool table is still there. It’s in the basement and is a real high end table made out solid wood with a slate top. Looks like it’s basically never been used either, none of the balls even have markings and the chalks are nearly unused. The previous owner of the house gets in contact with my parents and says she wants $3000 extra for the pool table. At this point, I assume she is essentially just trying to extort some extra cash out of my parents, because clearly they never used the table, and it would probably cost upwards of $500 to hire a mover to come move this behemoth out of the basement. And if she wanted the table so bad, she should have gotten it moved with the rest of her stuff, or been in contact with my parents about purchasing it for extra prior to the closing date.

My parents in an attempt to be reasonable say we’ll give you a $1000 for it. The PO say nope, price is firm $3k, so my parents tell her well hire a mover and get this thing out of our house ASAP. She basically says whatever have a good night.

However, I am now wondering about how closing dates work on houses for items left on the property that are not fixtures but chattels. If she clearly moved everything else but left that, on closing date the property is now my parents. Does this include everything on the property? Not looking for free legal advice but maybe just some opinions before my parents even bother to talk to a lawyer. They like the pool table but also don’t care too much. I honestly think they should just block contact with the PO. What is the worst that happens? She sues in small claims? The judge orders “ok, give her the pool table”, and no real worse for wear after.
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Old 08-02-2019, 07:32 AM
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Trochu Trochu is offline
 
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I believe if it's left in the house, and the closing date has passed, it's technically theirs. I would think reasonable people would be willing to discuss it "sorry, things have been really hectic, can I leave the table in there an extra two days and come get it on Saturday" type thing. It would appear that isn't how she is handling it though. I wouldn't give any money for it as it's likely staying there, unless your parents move it.
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Old 08-02-2019, 07:35 AM
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urban rednek urban rednek is offline
 
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Exclamation fixed it for you

Quote:
Originally Posted by jstubbs View Post
My parents in an attempt to be reasonable say we’ll give you a $1000 for it. The POS say nope, price is firm $3k, so my parents tell her well hire a mover and get this thing out of our house ASAP. She basically says whatever have a good night.
This is an obvious attempt to guilt your parents in to paying for an item that was never agreed to in the contract. Do not reward this disgusting behaviour.
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Old 08-02-2019, 07:37 AM
trophybook trophybook is offline
 
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Storage fee is 50$ a day
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Old 08-02-2019, 07:40 AM
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ghostguy6 ghostguy6 is offline
 
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That does the paperwork say? Generally there are terms and conditions that must be met. If your paperwork says something to the effect of "property and remaining all items contained within" then the table belongs to the new owner at the time of the legal closing date. If there is no clause then technically you have to wait for the required waiting period for said property to be considered abandoned. Generally its 30 days but can vary.

You might want to read through this
http://www.qp.alberta.ca/documents/Acts/U01P5.pdf

Your best bet would be to send a written notification to the previous owner via registered mail requiring a delivery signature demanding that the pool table and all accessories be removed by a certain date or they will be considered to be abandoned and at that time become the property of the new owners. I would also be in contact with bylaw to inform them that you have reason to believe the PO is trying to extort your parents and request they get involved.
Lastly when your parents bought the house they must have had a lawyer involved so perhaps talk to them about it.
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Old 08-02-2019, 07:40 AM
Parker Hale Parker Hale is offline
 
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Your parents tried to be reasonable and it sounds like this woman is a real POS. Time to tell her to pound pavement, sell the table and take a nice vacation.
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Old 08-02-2019, 07:41 AM
Drewski Canuck Drewski Canuck is online now
 
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Did your Parents give the Seller and their Real Estate Agent written notice that the Pool Table has been left behind?

Did your Parents say in their written notice that they refuse to act as "Bailees" for the Vendor's property, and all risk of damage and loss is assumed by the Vendor?

Did your Parents say in their written notice that they are charging $20 a day storage from X date forward on a "Licence to use the storage Space"?

Did your Parents say in their written notice that after 30 days without payment of the Licence, that the goods will be deemed abandonded?

There is a difference between Real Property and Chattels identified in the Contract, and Personal Property not in transferred under the Agreement.

Anyways, just asking Questions.

Drewski
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Old 08-02-2019, 07:41 AM
AndrewM AndrewM is offline
 
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Disregard my post. Trust the lawyer! haha
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Old 08-02-2019, 08:19 AM
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Dewey Cox Dewey Cox is online now
 
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Talk to your realtor.
Won't be the first time they've come across it.
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Old 08-02-2019, 08:38 AM
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Grizzly Adams Grizzly Adams is offline
 
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Quote:
Originally Posted by urban rednek View Post
This is an obvious attempt to guilt your parents in to paying for an item that was never agreed to in the contract. Do not reward this disgusting behaviour.
I know of pool tables installed in the house, under construction. impossible to get them out when time came to move.

Grizz
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Old 08-02-2019, 08:50 AM
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sewerrat sewerrat is offline
 
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We went through the same sort of thing about 10 years ago, When we got pocession of the house the former owners were still moving out we said ok you got till 4 pm, when that time came around we said ok 7 pm as they were moving to Saskatchewan. So 7 comes around they were still there, then we told them the locks are going to be changed in 1 hour. by that time they left with their U haul and left tons of stuff behind. I moved all the stuff to the garden shed and contacted them numerous times eventually they got nasty with me and called the cops and told the cops that I stole their stuff , I spoke with a lawyer and he said send them a register letter where they have to sign for. The letter got refused at their post office so it got send back. So they refused to pick up the stuff and this was 3 months later so we had a garage sale and sold most of the stuff, they had left new bicycles, power tools, weed whackers, mower. etc. So Document everything, like all correspondents, talk to a lawyer, send them an registered letter stating that the item has to be removed with in a certain time period. If they don't follow up yo got your self a nice pool table.
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Old 08-02-2019, 08:59 AM
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Quote:
Originally Posted by trophybook View Post
Storage fee is 50$ a day
This, except the rate is $200. Its presence is blocking their ability to enjoy their home. It interfered with their move in and they cannot use the room for their intended purpose.

The sellers haven't got a leg to stand on. They also had all the time in the world to move or sell it. If their tactic was legal you could abandon a car on their new front lawn and force them to pay any price that you dictate for it.
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Old 08-02-2019, 09:56 AM
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Ken07AOVette Ken07AOVette is offline
 
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Next she will be demanding money for light fixtures, door knobs, carpet.

Tell them to stand their ground. Do not give a penny. If they want it gone have a mover break it down, package it up and deliver to her at her cost.
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  #14  
Old 08-02-2019, 10:00 AM
cranky cranky is offline
 
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In case you havnt thought of it. Get all the locks changed. Sounds like the previous owner is a bit shady. I wouldnt trust her at all.
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Old 08-02-2019, 10:05 AM
Sooner Sooner is offline
 
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Quote:
Originally Posted by trophybook View Post
Storage fee is 50$ a day
Like. Fair play considering they left it behind and tried to get big bucks for it.
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Old 08-02-2019, 10:07 AM
Blastoff Blastoff is offline
 
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Quote:
Originally Posted by cranky View Post
In case you havnt thought of it. Get all the locks changed. Sounds like the previous owner is a bit shady. I wouldnt trust her at all.
Exactly what I would do also right now,
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  #17  
Old 08-02-2019, 10:40 AM
Big Grey Wolf Big Grey Wolf is offline
 
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Default pool table

Built a pool table when local pool hall closed down in my father house. Dad sold it to friends of mine. They tried to move it out of basement as one piece unit, it would not fit through door. Father told them they bought it , it was theirs, he was one tough dude!
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Old 08-02-2019, 11:57 AM
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Dewey Cox Dewey Cox is online now
 
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Don't the realtors hold "x" amount in trust for a month or two after the sale for these kinds of situations?
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  #19  
Old 08-02-2019, 02:37 PM
Ebrand Ebrand is offline
 
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Default Realtor?????

This is the realtors problem to solve.

They are happy to take the commission and disappear when things go sideways.

Your parents own the pool table. It is in their house.

The sellers had a duty to remove it.

If they want the pool table the realtors should supervise the move out by a mover your parents are comfortable having in their home.

Make the realtors earn the money. Where where they on the walk through? They should have handled this then.
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  #20  
Old 08-02-2019, 02:40 PM
Jamie Jamie is offline
 
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Quote:
Originally Posted by Dewey Cox View Post
Don't the realtors hold "x" amount in trust for a month or two after the sale for these kinds of situations?
No, not at all. You can do a negotiated hold back if you forsee any problems coming down the tube. But traditionally it's not done.

What should have happened was a walk through organized on the day before possession. Any deficiency's noted and use the perceived power of not closing the deal as leverage to get concessions and solve problems.
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Old 08-02-2019, 02:44 PM
Jamie Jamie is offline
 
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Quote:
Originally Posted by Ebrand View Post
This is the realtors problem to solve.

They are happy to take the commission and disappear when things go sideways.

Your parents own the pool table. It is in their house.

The sellers had a duty to remove it.

If they want the pool table the realtors should supervise the move out by a mover your parents are comfortable having in their home.

Make the realtors earn the money. Where where they on the walk through? They should have handled this then.
It is far from the Realtors problem to solve. It's the new home owners problem. HOWEVER, a smart Realtor would be there to help for sure. As I said, a walk through should have been wrote into the contract. Solve your clients problems before they become problems.
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Old 08-02-2019, 02:45 PM
Jamie Jamie is offline
 
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Quote:
Originally Posted by cranky View Post
In case you havnt thought of it. Get all the locks changed. Sounds like the previous owner is a bit shady. I wouldnt trust her at all.
Shady or not, all locks should be changed. You never know who has a key.
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  #23  
Old 08-02-2019, 03:12 PM
pitw pitw is offline
 
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If'n it were me, I'd enjoy playing pool.
A closing date is just that.
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  #24  
Old 08-02-2019, 03:25 PM
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hayseed hayseed is offline
 
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Quote:
Originally Posted by pitw View Post
If'n it were me, I'd enjoy playing pool.
A closing date is just that.
Yep,,cold beer and 8 ball, corner pocket all day long...
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  #25  
Old 08-02-2019, 03:47 PM
Ebrand Ebrand is offline
 
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Default Not the realtors problem???

Quote:
Originally Posted by Jamie View Post
It is far from the Realtors problem to solve. It's the new home owners problem. HOWEVER, a smart Realtor would be there to help for sure. As I said, a walk through should have been wrote into the contract. Solve your clients problems before they become problems.
So all the ads by the realtor board stating that a realtor has your back are BS? Who Knew???

Realtors wrote the contract on behalf of the clients (or not?)

They got the part of the contract about their commission correct and that part went smoothly I bet.

Now they have clients that are at odds (no doubt one of the clients is a rat) and it is not the realtors issue to help solve?

I would have the realtor by the nuts. OR as stated above be enjoying cold beer at my new "free" pool table.

If I was not into billiards (I am not) there would be a pile of busted up pool table and a bill for my time and efforts at my realtors office. His contract did not work as stated.

He would pay my bill too. Guaranteed.

Probably a good thing I will never use a realtor again.

To the OP

Stand your ground.
Don't pay a penny to anyone.
Enjoy your pool table (or post it for sale here!) and do something nice with the proceeds.
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  #26  
Old 08-02-2019, 04:16 PM
R3illy R3illy is online now
 
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Quote:
Originally Posted by Ebrand View Post
So all the ads by the realtor board stating that a realtor has your back are BS? Who Knew???

Realtors wrote the contract on behalf of the clients (or not?)

They got the part of the contract about their commission correct and that part went smoothly I bet.

Now they have clients that are at odds (no doubt one of the clients is a rat) and it is not the realtors issue to help solve?

I would have the realtor by the nuts. OR as stated above be enjoying cold beer at my new "free" pool table.

If I was not into billiards (I am not) there would be a pile of busted up pool table and a bill for my time and efforts at my realtors office. His contract did not work as stated.

He would pay my bill too. Guaranteed.

Probably a good thing I will never use a realtor again.

To the OP

Stand your ground.
Don't pay a penny to anyone.
Enjoy your pool table (or post it for sale here!) and do something nice with the proceeds.

of course another realtor would deflect a problem on closing to someone other then themself.

I agree with you the first call should have been to the buyers agent who helped them buy the house. Why would a realtor get paid massive commissions if their not the first one there to help the buyers navigate an issue that pops up.

More importantly why do consumers turn to everyone else other then their realtor when issues arise??? Hold your realtor accountable. Have them do something other then drive you to a few houses to see.
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  #27  
Old 08-02-2019, 04:27 PM
Masterchief Masterchief is online now
 
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we had a similar incident but it was a heavy big tv that belonged to renters. The real estate agent said it was now ours to do with as we pleased. I got hold of the young lad eventually and helped him hump it out of the basement to his truck, it was heavy and awkward and I threw my back out a few days prior so I really wasn't keen on helping him, but he couldn't get any helpers. In the end it was all good, but we could have kept it if we wanted to

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  #28  
Old 08-02-2019, 08:24 PM
HyperMOA HyperMOA is offline
 
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Can they provide proof of ownership and the S/N? Otherwise your parents had it moved in with the rest of their property.

I suppose the mayo in the fridge, La-Z-Boy, weed wacker, gun-safe and blue jeans were the old homeowners too. They don’t have a leg to stand on.

Enjoy the new pool table, have tournament with family/friends.
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  #29  
Old 08-02-2019, 08:31 PM
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vcmm vcmm is offline
 
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What pool table?
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  #30  
Old 08-22-2019, 06:53 PM
jstubbs jstubbs is offline
 
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How about this for sweet justice and conclusion to the story:

So the lady wouldn’t budge on price and my parents are good folks so they say alright pick up the pool table—we at this point just don’t care. So the PO hires movers for the $800 or whatever the cost is and they take the pool table. My dad notices once the movers are gone that there were round holes cut in the flooring for the pool table legs from when it was installed. I don’t know the exact type of flooring that but they had a friend come by who operates one of the largest flooring sales and install companies in Edmonton and he says, basically you’re going to have to replace ALL the flooring in the entire basement and basement stairs to rectify this properly, as the type of flooring to match is no longer sold. Says it’d be easily a $20,000+ job.

So my parent’s realtor and the PO’s realtor talk and basically now the PO has two choices: pay to have the pool table to be put back into the basement (including all reassembly) or pay for new flooring in the entire basement of the house.

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