Can we be sued for giving away property left in ournewly purchased home that was not picked up by the seller?
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Can we be sued for giving away property left in ournewly purchased home that was not picked up by the seller?
We bought a condo and the owner was to be totally out of the building on the 1st. When we got the keys we found he had left his washer and dryer there. We were asked if it could be picked up the following Tuesday or Wednesday. We agreed. This gave the individual an extra 6 days to pick up his possessions. We stayed at the condo until 6 every night but he never called or came to pick them up. In all we gave 11 extra days. Can we legally give this away now?
Asked on July 11, 2011 under Real Estate Law, Michigan
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to find out the abandonment laws in your state. Before we explore this matter, check to see if the washer and dryer were specifically excluded from the sale not in the purchase and sale agreement but in the closing documents and instructions. The reason I say this is because the purchase and sale agreement is really the intention to purchase/sell and any documents signed at closing are the documents that supersede the purchase and sale unless the purchase and sale agreement was incorporated by reference into the closing documents. Next, check your state's abandonment laws on personal property left behind after a real property sale. Many abandonment laws range from 30 days to as long as two years.
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