Question about items left in house after closing date

[Okotok]

Originally Posted by jstubbs

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.

The story keeps getting better. Let us knw how it ends!

[Grizzly Adams]

Originally Posted by Okotok

The story keeps getting better. Let us knw how it ends!

Sometimes one has to say, enough is enough. This could turn into a soap opera.

Grizz

[raised by wolves]

Usually, the contract identifies the closing date means anything that was wanted must be removed by the date of possession unless otherwise specified.

Example - When I sold a previous home, there were items still attached to walls that I had not been able to deal with in a timely manner. The buyers had arranged to take possession three days ahead of the original possession date as they wished to bring in painters. We agreed to the earlier possession but stipulated the specific items would be removed by me after the new possession date. This was agreed to by the buyers and the realtor put it in the possession and purchase agreement.

My guess is your family owns a billiards table, unless the sellers had the realtor put something in the contract.

[R3illy]

hah this is awesome but I have one question. The seller has removed the pool table at the request of the new buyer. They seller hasnt technically damaged anything. They left the house in the same condition as it was when the pool tables was in place.

The sellers responsibility is to leave the house in the same condition as it was when the offer was placed. In the case of removing the pool table that's how it was when the offer was placed. Cant blame the original home owner for that.

I'd ask for Jamie's input as hes a realtor but hes already said it's not the realtors problems to sort out the sellers/buyers issues on closing.

[Kim473]

Should have had a lawyer in on the sale. Ask the Lawyer.

[brslk]

Who the heck installs flooring around the legs of a pool table? What kind of hack job is that?

[Jamie]

Originally Posted by R3illy

hah this is awesome but I have one question. The seller has removed the pool table at the request of the new buyer. They seller hasnt technically damaged anything. They left the house in the same condition as it was when the pool tables was in place.

The sellers responsibility is to leave the house in the same condition as it was when the offer was placed. In the case of removing the pool table that's how it was when the offer was placed. Cant blame the original home owner for that.

I'd ask for Jamie's input as hes a realtor but hes already said it's not the realtors problems to sort out the sellers/buyers issues on closing.

Its the sellers responsibility to disclose hidden defects that materially effect the value of the home.

As for your last remark, Realtors put together contracts, we can not enforce them. Thats up the judge. I guess you would be happy with a Realtor who smashed heads with a Baseball bat? Is that the level of knee bending you require? We can write anything in those contracts and who is supposed to enforce them? We run on solid advice, experience and do our best to read between the lines. It's been 20 years in this business and I have yet to see what is going on with the OP. Things like this do not happen with any sort of regularity. When my Spidey senses start tingling, I listen and demand financial hold backs. Thats really the only immediate hammer we can carry. Hold backs are not traditionally done but are a tool in our box.

[buckbrush]

Originally Posted by jstubbs

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.

That doesn’t sound good at all. Down the road if your parents go to sell the house they will have to replace the 20k floor if the new owners don’t want a pool table.

When I bought my place they offered a nice table for 1k then 500 then free. I didn’t want a pool table in my basement though.

[ganderblaster]

Originally Posted by Ebrand

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.

Unfortunately this has been my experience with realtors as well. I get better service from Dominos over a $15 pizza then when I bought my house. Lazy and shady realtors on both sides that blamed each other instead of either one dealing with the situation. It’s unreal.

[1899b]

Comical....

[MyAlberta]

Originally Posted by Jamie

Its the sellers responsibility to disclose hidden defects that materially effect the value of the home.

As for your last remark, Realtors put together contracts, we can not enforce them. Thats up the judge. I guess you would be happy with a Realtor who smashed heads with a Baseball bat? Is that the level of knee bending you require? We can write anything in those contracts and who is supposed to enforce them? We run on solid advice, experience and do our best to read between the lines. It's been 20 years in this business and I have yet to see what is going on with the OP. Things like this do not happen with any sort of regularity. When my Spidey senses start tingling, I listen and demand financial hold backs. Thats really the only immediate hammer we can carry. Hold backs are not traditionally done but are a tool in our box.

Thing is, a holdback can only be done if it is contractually provided for. If not, it would be deemed non performance, subject to a host of actions. As a Realtor, you can advise, but you can’t demand.

[Jamie]

Originally Posted by MyAlberta

Thing is, a holdback can only be done if it is contractually provided for. If not, it would be deemed non performance, subject to a host of actions. As a Realtor, you can advise, but you can’t demand.

Oh for sure, it has to be in the contract. But like I said, for the most part they don't tend to come up. If I am asking for them, I am getting them or we are not doing a deal. If a seller is not willing to put up a Holdback for a very specific scenario then I would be advising my folks to walk away as obviously, the seller can not be trusted to follow through on what ever it is. The few times I have done it, it usually revolved around clean ups of the property. As I said, thats really the only immediate (ISH) hammer available.

[Burrowing Owl]

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.

Haha.. I'd get chunk of equal quality flooring, fill the holes, and make sure I told the story of how they came to be there! The comic value in the story is worth it!!

[35 whelen]

Originally Posted by Burrowing Owl

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.



Haha.. I'd get chunk of equal quality flooring, fill the holes, and make sure I told the story of how they came to be there! The comic value in the story is worth it!!

I'm sure they could match something up fairly close just the basement

Sent from my SM-G930W8 using Tapatalk

[Sundancefisher]

Originally Posted by jstubbs

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.

Ask the realtor. They will know exactly what your rights are. In this instance I would say keep it if in your right and you want it. If at closing you didn’t want it the realtor should of withheld some money to cover the removal and disposal.

In a house I bought I found a stack of Canada savings bonds stuck way in the back of a closet shelf in a kids bedroo. Clearly from grandma and grandpa.

I knew where they moved too and took it over even though I could of sold them myself. Karma...even though they left a bunch of junk in the garage I needed to clean out.

[R3illy]

sundance- you must have missed Jamie's post who said it's not the realtors job to sort out. In case you didnt know he is a realtor.

[Sundancefisher]

Originally Posted by R3illy

sundance- you must have missed Jamie's post who said it's not the realtors job to sort out. In case you didnt know he is a realtor.

My point is a realtor must know the law. Did I miss a post where someone confirmed who legally owns the pool table after possession?

I would say a good realtor will talk to the other realtor and firstly ensure at the possession day these issues are well understood and deal with these questions from the buyer and ensure no loose ends.

A lack of feedback from the buyers realtor would be troubling.

Yes...in a fight the courts would decide however if the realtor didn’t do their job they are also liable for a damage claim and professional reprocusssions. There is a reason realtors run adds about needing a realtor...hopefully it isn’t bunk.

Sun