'We feel like it's kinda lke karma for them for all the crap we've dealt with."
You're a smart guy Brandon.
You know if you have, in good faith, attempted to resolve this issue.
Karma would dictate you DO NOT BENEFIT from this situation.
Karma does not dictate you must accept harm.
A mediator would suggest allowing a predetermined time for orginal owner to regain possession. After that time, action can be taken regarding the items that does not benefit you.
Be aware, right or wrong. whoever has easy access to an attorney will make life ugly for the other party. You really don't want to go there.
Karma, when you mess with her, things go whacky.
I don't know what the "legal" answer is in this case, or if you are "legally entitled" to keep anything - you'd have to hire an attorney to get the answers you are looking for.
Personally, I would save myself the hassle - give the items back to their rightful owners - and put the money you would have spent on a lawyer towards a new snowblower and vacuum.
Sellers â€“ Old owners of the home
SIRVA â€“ Relocation company sellers company hired to sell home
Movers â€“ Moving company to pack up and move all home items
Realtor â€“ The buyers agent, my agent.
Listing Agent â€“ The sellers agent
The home had the sellers living there when we looked at house. Sellers were to close on June 26th at their new home and our closing of the home was the same day. They had moved to their new town on the 25th and left their belongings with the movers to take care of getting to Virginia.
- We came to an agreement to purchase a home. The only item in the contract listed as staying with the house was the bar other than the items on the full disclosure(stove, dishwasher, fridge, etc.)
- In the possession section of the agreement, itâ€™s written as â€œcomplete possessionâ€ as of June 26th at noon.
- On the morning of June 26th at 9am, we had a walkthrough of the house prior to going to the title company.
- When arriving at the house, the garage was full of items(bed posts, snowblower, mowers, engine blocks, etc). People had already moved to Virginia the day before.
- Listing agent arrived and said the movers had a no-show day. Our realtor told listing agent that if stuff isnâ€™t removed by signing at 11am, the stuff will be ours. Listing agent agreed.
- Listing agent also verbally and via email told us that SIRVA wanted to reimburse us for a professional cleaning since the house was never cleaned prior to them moving due to the delay from the movers.
- After signing, we returned to house to still find all the items. Changed locks, and locked up back shed.
- Listing agent called evening of June 26th and said movers would be there 10am on the 27th to get the remaining items.
- Movers and listing agent showed up at 10am on June 27th. Listing agent stated to movers â€œweâ€™re only taking the nice stuff, leave the trashâ€.
- My mother-in-law told listing agent you take it all or leave it all. So the movers were instructed to grab everything by the listing agent.
- A snowblower was left behind along with a dyson vacuum. (Side Bar â€“ during negotiations, the sellers proposed $2000 at closing and allowing us to keep the snowblower. This was never put in an addendum but there is an email trail, although it was never agreed to by us)
- I was contacted last week from the listing agent who said that the sellers left their snowblower and motor at the house. The listing agent said that this would be an issue that the movers would be responsible to handle. I shouldnâ€™t have heard from her again.
- Last night I received an email from the listing agent that was forwarded from the seller. They claimed that the snowblower and a dyson motor were left. Iâ€™m assuming motor all along has been the vacuum. It said that they want $800 sent to them or for me to ship the items to them. If this isnâ€™t completed by this afternoon, theyâ€™re going to file a police report.
- We have never received the cleaning.
I canâ€™t find anything anywhere that says whether the snowblower and vacuum are legally ours. What do we do? Do we tell them, sorry, you abandoned the items and theyâ€™re ours? Do we tell them they need to hash this out with the movers? I think for sure that weâ€™re not responsible to ship them the items that their moving company left. Can I say I want $500 for the agreed upon cleaning and $300 for rent of the snowblower and vacuum? Can I set it at the end of the road and say come and get it? I donâ€™t want to do anything illegal but we also scratched the sellers and SIRVAS backs throughout this whole sale, so Iâ€™m also not about to do them any favors if the items are legally ours. If you have any advice, please let me know. Thank you.
Other than being a moral issue it could well become a legal issue. You should talk to an attorney. I agree with Pam. You were notified that the stuff was going to be picked up. I'm sure your issue was with the Relocation company and not the homeowners they were representing. If it were me I'd let the pick up the stuff and call it a day.
Karen Paytas, GRI, CMS
Real Living Kee Realty