Jeffery Barr's Blog
When a house is sold, it’s generally expected that the seller will take all of their personal belongings along with them. This includes furniture, pictures, cleaning supplies, and appliances that weren’t included on the deal. This is all in the expectation that the buyer will have a clean property to move into.
If a seller does leave personal property behind, what are the rights of the buyer? Buyers may wonder if they can move in and actually take possession of the home if belongings have been left behind. There are a few reasons that buyers may leave property behind including:
- The item is actually a fixture and not considered personal property
- The item could belong to a tenant (or former tenant)
In these circumstances, each state determines different rights and procedures that must happen in order for the property to be secured without hassle by the buying party.
What If There’s So Much Stuff It Impedes On Moving In?
In the case that a seller has left so many things that a buyer cannot even comfortably move into the property, the contract may be refused. If there’s an inordinate amount of furniture, trash, and personal belongings, you certainly have a good argument to not sign the final contract for the property. Your rights as a buyer do, however, depend on what exactly was written into the purchase contract for the home you’re buying.
If an item has been deemed hidden or buried, the buyers have a different circumstance on their hands. Many times, a buyer is obligated to hang onto these items for the seller. The items were not technically abandoned by the seller to the buyer. The buyer becomes what is called a “bailor,” or a keeper of the property, who needs to be an agent in the change of possession of the items.
If the ownership of an item is unknown, the terms of the contract are held up. Standard contracts generally state that any items left behind by the seller have been forfeited to the buyer. If the contract says nothing about personal property, the buyer generally takes on the role of “bailor” again in this instance.
If The Property Owner Has Died Or The Property Has Been Abandoned
If a property has been abandoned due to foreclosure or bankruptcy, or the property owner has died, any personal property that is left behind is a bit more of a risk for both parties. These circumstances generally state that a buyer will be taking on a property “as is” and essentially anything left is the buyer’s problem.
If a property owner has died, the executors generally take on the responsibility of removing items from the property to be distributed to the rightful beneficiaries. Occasionally, this process doesn’t work out due to family quarrels. In this case, personal property of the seller goes into the category of forfeiture.
Personal property is just one reason why you need to understand your legal rights when you’re buying a home.
Moving day can be stressful, particularly for those who need to transport many large, heavy items to a new house. Fortunately, we're here to help you simplify the moving process and enjoy an injury-free moving day.
Now, let's take a look at three safety tips to help you avoid moving day injuries.
1. Plan Ahead for Moving Day
You know that you need to vacate your current residence, and if you plan ahead as much as possible, you can minimize moving day risks.
Ultimately, it can be tough to try to move all of your belongings on your own. But if you ask family members and friends for support, you can get plenty of assistance as you get ready to transport your belongings to your new house.
You also should pick up the right moving day supplies. Items like furniture sliders, lifting straps and hand trucks often help speed up the moving process. Plus, these items are easy to find and ensure individuals can avoid putting too much pressure on the body when they move big items.
2. Use the Proper Lifting Techniques
When it comes to moving day, it pays to learn the proper lifting techniques.
For example, to lift moving boxes, you should always lift with the legs – not the back. Bend the knees and keep the back straight, and you should have no trouble safely lifting moving boxes and other items.
In addition, use common sense on moving day – you'll be glad you did. Although you may be tempted to try to move large items as quickly as possible, it is important to know your physical limitations. And if you don't feel comfortable moving a couch, big-screen TV or other heavy objects, you can always reach out to a friend or family member for extra help.
3. Clear All Walkways
It is important to keep all walkways clear on moving day. That way, you can avoid the risk of tripping and falling while you're moving items in and out of your house.
Furthermore, it is always better to err on the side of caution on moving day. If kids or pets are present, you should try to keep them in a safe area until all items are removed from your house.
Moving items can be tricky, particularly for those who need to vacate their current residences soon. If you need additional assistance on moving day, you should contact a moving company.
A moving company hires courteous, professionally trained staff who can help you take the guesswork out of relocating from one address to another. In fact, this business will pick up and relocate heavy items to your new address to eliminate the risk of moving day injuries.
Lastly, if you need help finding a moving company, you should collaborate with a real estate agent. This housing market professional can help you buy or sell a house, along with put you in touch with the best moving companies in your area.
Use the aforementioned tips, and you can limit the risk of injuries on moving day.