Does the seller have any legal rights to property that was listed as not included in the contract and that she left at the house for over 5 months?

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Does the seller have any legal rights to property that was listed as not included in the contract and that she left at the house for over 5 months?

We bought our house and the contract stated the washer and dryer are not included. We verbally agreed to hold it for a week or so. Now, 5 months later, she has finally tried to come get it. Can we keep it and consider it abandoned?

Asked on June 17, 2019 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you cannot, because the contract indicated specifically that those items were not included. Since they have now indicated that they are picking them up and you did not take any steps to try to declare them abandoned before she asked to retrieve them, you have to let her have them.


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