Home Buying in Miami>Question Details

 Natalie, Real Estate Pro in Chicago, IL

Heap of junk left in property I purchased

Asked by Natalie, Chicago, IL Mon Sep 2, 2013

I bought a property in Miami. It was filled with junk when I inspected it, both inside and outside the premises. I was told by my buyers agent that the seller was going to remove all the junk and trash prior to closing because they were legally obligated to. The property is now in my name and the trash was not removed. My buyers agent told me I have to pay her a further $2000 if I want assistance with anything post sale. I've obtained quotes for removing the junk and it's going to cost nearly $3000 to take everything away.
Was the buyers agent fibbing when she told me the seller was legally obligated to remove the junk? She lied to me about other things so it wouldn't surprise me. Is there no other choice but to hand other the $3000 to clean up the property?

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Answers

19
I forgot to mention, if you do not have the "man power" to pick up and place all the garbage on the curb, I have someone that just did a major trash-out for me for just $400.00.
3 votes Thank Flag Link Tue Sep 3, 2013
786-280-4776 please let her know I gave you the number as referral for the great job on 56th Avenue.
Flag Wed Sep 4, 2013
Thanks Yany, can you please email me the guys details?
Flag Tue Sep 3, 2013
Miami Dade will collect the garbage for you, you just need to scheduled the pick up and place the garbage on the curb. Every tax payer is entitled to 2 pick ups per year, you can copy and paste this link, enter the property address and find out if pick up is still available, if it is, then just follow the instructions on line.

http://www.miamidade.gov/wastepickup/AddressEnter.asp
2 votes Thank Flag Link Tue Sep 3, 2013
Natalie, as you suspect, you now own the junk.
It never fails that when things go wrong, the parties involved ALWAYS seek to blame their agent. You seem to be no exception. You do not:
1. Disclose the type of property you pruchased
2. Disclsoe the situation of the property purchased
3. Disclose the terms of the contract
4. Disclose the level of service agremment between you and the agent.
5. You DO state YOU did not conduct the crtical 'walk through.'
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Had your agent done so, (completed the walkthrough on your behalf),,,stopped the sale due to junk...,and created a delay allowing anohter buyer to become involved you would again be blaming your agent for causing you to lose this junk filled property.
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In all real estate transactions, when things go wrong....the agent is ALWAYS blamed, even when it crystal clear the buyer or seller was operationg in open defiance of established requirements. Then comes the "she lied to me about other things' usually the end result of selective listening. Those who have been in the real estate business find it increasingly difficult to keep folks from injuring themselves. They troll aggregatre websites collecting the opinions of strangers and second guess their agent at every step. Then when the agents best advise is ignored, the agent is second guessed at every decision point,....well, the outcome is always the same....WHEN THINGS GO WRONG..blame the agent.
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Welcome to the Sun Shine State. It is a rocky beginning, but you'll love it here. Just returned from the "Keys" this weekend. For those who have been there I'll add, 'the Keys will give you something to crow about." Put this incident behind you and move on. At some point in the future the benefit will become apparent.

Best of success to you,
Annette
1 vote Thank Flag Link Tue Sep 3, 2013
Nah, the agent in this case either 1. lied in the first place or 2. Didn't bother to do a walthrough on behalf of the absent buyer, due to visa restrictions.
Flag Tue Sep 3, 2013
Hi Miss Australia ... please we need to know the name and agency of this Real Estate agent ... thanks! E!
1 vote Thank Flag Link Mon Sep 2, 2013
Michelle Reyes: Beach Realtors.
Flag Tue Sep 3, 2013
First thing is why didnt you notice this during your final walk through and not sign until it was removed or make them put the money is escrow or credit you 3k to remove it??? Next it will depend what your contract states. Does it say free and clear of all debris? If so you may have a case if not you may be out of luck. Lastly what kind of agent charges more to help you after closing? When i am a buyers agent it is for life with no cost to the buyer as you hope they come back to me over and over. Does your buyer broker agreement state there is a post closing cost? Why didnt the buyer broker have you do a walk through? You may need to contact a lawyer and the state real estate commission and let your agents broker know it.
1 vote Thank Flag Link Mon Sep 2, 2013
Rashad Deus
Rdeus@majesticproperties.com
305-502-5729

Some agents would say whatever they can to make the sale but not all. If you have a substantial amount of proff you can pursue the agent further but that's just more time, money, and headache.

Contact me if you need the junk removed.

I live in miami and I know of many junk removers that charge WAY less than $3000 to move the junk out.

Contact me further and we can discuss it. Also if you need a property manager I can provide that service as well.
1 vote Thank Flag Link Mon Sep 2, 2013
If there is anything you don't like, the time to raise it is during the walkthrough. At very least, I would have gotten an agreement in writing regarding the junk removal.

Yes, you might be able to talk to a lawyer and get satisfaction, but the truth is that you probably will save money by just getting the stuff hauled away.

If you can't be present during walkthrough, try to get a friend, relative, or at least someone who won't personally benefit from the sale to attend on your behalf.

What to do now...get multiple estimates on junk removal.

What country were you moving from?

Ann
1 vote Thank Flag Link Mon Sep 2, 2013
Hi Ann,
I trusted my buyers agent when she said it was a legal obligation for the seller to remove the junk and I also trusted her to do a walk through on my behalf in my abscence.
I am now trying to get some cheaper quotes as you suggested. Moving forward is always the best course of action.
I am from the land down under (Australia).
Flag Mon Sep 2, 2013
Didn't you do a final walk thru before the closing?

Contracts in my area call for the home to be in "broom clean" condition - unless stated "as is"......but I have no idea what your contract says.......just confused why you closed without making sure it was in the proper condition
1 vote Thank Flag Link Mon Sep 2, 2013
What does your contract say? This should be explicitly mentioned, especially if you discussed it with the seller and your agent. If it was never written down, then you might be stuck removing the waste yourself. If that's the case, then I'd get a few different bids. The number you have sounds high, but it is a pretty expensive procedure. Good luck however it turns out. http://www.auburndisposal.com
0 votes Thank Flag Link Wed Apr 8, 2015
If there is scrap metal on the property, I know that there are some services that will come pick it up for little to no money. I don't know if that is a common thing, but it is worth looking into. At very least, it may cut down the overall cost of cleaning up. Anything helps in this case. http://www.thedumpguy.com/
0 votes Thank Flag Link Thu Jan 8, 2015
That should have been caught at the final walkthrough and if the property was like that when you made the original offer it should have been noted in the contract that the debris was to have been removed.
0 votes Thank Flag Link Tue Jan 6, 2015
Hello Natalie,

Removal of the junk should have been included in your contract.
If it was not, and you bought as is, or this was a distressed sale, unfortunately, the removal of the junk is on your shoulders now. However, as one popular song goes: "One man's junk is another man's treasure" - there are people who will remove your junk for free, if it is sellable or usable in any way.

About what happened with your closing:

Before the closing, we do the walk though, even if the client is out of town.
You can also request your agent to take pictures of the property prior to closing - to make sure there are no "leftovers".

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
305-904-2355
0 votes Thank Flag Link Mon Jan 5, 2015
Your agent was lying to you which isn't surprising. I love it how some agents attempt to defend this kind of garbage. Of course the agent is to blame. When an agent purposely gives a buyer false information it is completely their fault. Unfortunately once you closed you now own all the garbage left on the property. This is the reason I tell people don't rely on an agent or trust what they tell you is factual or truthful. They are not liable for the information they give you. I would file a complaint against them with the ethics committee but I doubt it would do much. The one's that defend this crap and attempt to blame the a buyer that doesn't know any better and is relying on their agents integrity are just as bad. Pay attention to these agents, they are the ones you don't want to use.
0 votes Thank Flag Link Tue Dec 23, 2014
Always get everything in writing from the sellers and do a final inspection of the property just before going to closing to verify that what you agreed to in writing was done. Also have your agent with you when this final inspection is done. If something is not right discuss with your agent and your attorney prior to closing. Your attorney would of helped you resolve this issue. We are not attorneys and can't give legal advice, but we see this happen sometimes. All the best.
0 votes Thank Flag Link Tue Dec 23, 2014
That is a bummer! It sounds to me like you are going to have to take care of it yourself. Have you looked into a waste removal company? They can probably come out and take care of it for you. http://www.binhireperth.net/waste-removal
0 votes Thank Flag Link Tue Dec 23, 2014
That's awful! I'm guessing you can find a better deal than $3,000 though. Have you looked into any waste removal companies? They might be able to offer you a better price. http://www.knoxpumpingservice.com/en/services.html
0 votes Thank Flag Link Thu Dec 11, 2014
If you signed the paperwork and closed on the property - then you are essentially now responsible for the junk in the home.

You should have done a final walk-through prior to closing. This is often times, and most wisely, done literally on the way to the closing. The purpose of the final walk-through is to make sure that everything that was agreed to be left in the home (i.e stove, washer/dryer, etc.), was. It is also to make sure that the property is in broom clean condition, and unwanted/leftover items were removed.

It doesn't sound like this was done - so shame on your real estate agent for not making this a mandatory step.

Hope this helps!
0 votes Thank Flag Link Fri Oct 11, 2013
Well if you were in Canada you could utilize junk removal in Calgary. That would be of extreme use to you in this situation. http://www.generalwaste.ca
0 votes Thank Flag Link Fri Oct 11, 2013
Hi Debbie,
I was overseas at the time because I'm a foreigner and my visa didn't allow me to stay any longer. I assumed my buyers agent would do a final walk through inspection but she didn't.
0 votes Thank Flag Link Mon Sep 2, 2013
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