If the man entered the home without proper notice and it was occupied it could be a criminal matter on the person that entered without notice.
If the deed was recorded and the person placed proper notices then entered it would be a criminal matter on the person that took the items from the property.
The police have a problem establishing the timeline and who had ownership without eye witness accounts of the property being removed and dates being recorded. Go talk to the detectives and see if they can start a criminal investigation but it may be hard if no one saw them moving things out.
Theft, trespass, or vandalism can be prosecuted as a criminal matter.
This could be both a civil and criminal matter. Sometimes the police prefers to call it a civil matter because they don't want to spend the time working on the case.
I once had a client who had an employee who embezzled his company's money for well over $100,000. We thought we had sufficient evidence to make a criminal case against the employee. We filed our report to the police and nothing came out of it.
Depending on the type of lockbox the agent uses there could be a record of when it was last opened and who opened it. I would get the serial number of the lockbox and a picture of it. If it is one that records activity that will be something you can use against the agent if it turns out he let someone in after closing.
Here's what really makes me angry, we seem to have forgotten the meaning of the word 'crime' in this country. I always raised my kids on the theory 'take care of the little things and the big things will take care of themselves'. I feel the same about crime, enforce the law regarding theft and you won't have to worry so much about bank heists.
I have a client who is being harassed unmercifully by a neighbor just because the guy 'can'. The neighbor is interfering with their ability to sell their home. He filed a lawsuit claiming my clients damaged and//or killed his trees, trees that are perfectly healthy and lush. He's even gone so far as to file a lien on my client's property which stops them from doing anything, selling, refinancing, anything with the property. The guy wants several thousand dollars in damages for the stupid trees.
When all this didn't work, didn't get my clients to give him money he is not entitled to, he turned to criminal activity. He harasses my clients, blocks their driveway with his truck, blocks the private road they live on and refuses to move so they can get out and has even stood at the end of their driveway grabbing his crotch and screaming obscenities at their home. Guess what the cops said? It's a civil matter!
I am with you on this, it's definitely criminal, as is lewd and lascivious behavior toward my clients and the cops and the courts in this country need to do their job!
Regret to hear about this dilemma. Clearly, it is a criminal issue, provided the owner can go down to the police station and make it stick.
Is there proof that the previous owner went in and took out appliances, can neighbors testify?
The challenge is if you make it Civil and sue, it will be tough to collect from someone who is broke.
Clearly you will have to go after the Listing agent who has the same last name as the previous owner.
Since, our Lock boxes are Coded one can check when any agent goes in from MLS records.
Unless there is proof that the previous owner broke in, the only one you can go after is the Agent.
A DRE complaint maybe a good start and then a lawyer.
It is definitely attorney time. It seems like the former owner trespassed on the property of the new owner and stole property that is was no longer his. The rest of the story seems irrelevant if the first part is factual. It sounds both civil and criminal. Talk to an attorney.
It appears to me that the buyer who just purchased the home ought to seek legal counsel. I would think that the previous owner had no right to enter the property after the sale since he no longer owned it and certainly is not entitled to anything left there without a court order. An attorney's advice would be wisest. I hope this is helpful.
Prudential Connecticut Realty
I am not an attorney however if the title was transferred to the new owner and the previous owner comes into the home, unless disclosed in the real estate contract to purchase that these items were not included, I think that is theft and clearly a criminal act...There must be something you are leaving out of this story.....don't understand why the police won't work on this case....Did this happen in San Mateo...>>????
Thank you for sharing story, please let me know the outcome...
In Seattle I used to say that for them to prosecute fraud it had to be an amount over $100,000 or have a victim that was politically connected. In smaller areas they tend to prosecute more things.
You buy a home, with appliances and nice hardware in the bathrooms
You are on title, for a couple of weeks
I go into the home and steal your appliances and rip out your faucets,
It doesn't take a rocket scientist (or a lawyer) to say burglary...I'm just saying.....
First of all I want to say that agents need to be careful commenting on legal matters, even when they think they know the answer. Unless you are an attorney you should not comment on questions like these, unless you preface it with the fact that you are not an attorney and are speculating (which some agents did).
I am an attorney but since I no longer practice law I am going to defer this to someone who does. However, I must say that this case seems to present actions both civilly and criminally. The home owner definitely should file a police report and seek the advice of a local attorney right away.
Best of luck!
Rachel LaMar, J.D.
LaMar Real Estate, Inc.
I agree, I am sorry to say but when purchasing the home at foreclosure I would always recomend having the locks changed that day (ASAP) no matter what, you tell the agents that they will need to make an appointment. I would also check your local laws as well on this matter. I would suggest that you contact an attorney.
It does look like you will need to go to civil court I am sorry to say.
I am not an attorney, however if the buyer took title, then the previous owner comes into the home 5 days after the close of escrow and strips the property of all the appliances...it sounds like a theft which is a criminal act.
Did the purchase contract exclude those items, and what were the personal items that the realtor had in the home????
This all sounds odd, cannot understand why the police won't take action, please let me know the outcome and did this happen in San Mateo???
top 1% President's Elite