Please look at para 9 iii to see the provision that the seller will remove personal property not included in the sale by COE.
As Debbie states, definitely add an addendum that extends the inspection contingency until the garage is clear enough to inspect.
Just a suggestion - your cousin might want to have it stipulated in the contract that if the garage interior is not accessible to the inspector, due to the numerous belongings, you reserve the right to inspect it after the items are removed.
I hope my answer helped you.
I agree with Dan that it would be a good idea to ask your broker for advice. I have only included asking for removal of items one time. I only did that because the people were borderline hoarders.
Dot Chance, RealtorÂ®
Certified Distressed Property Expert â€“ CDPEÂ®
DRE License #01494182
Keller Williams Realty World Media Center
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"9. CONDITION OF PROPERTY: Unless otherwise agreed: (i) the Property is sold (a) in its PRESENT physical ("as-is") condition as of the date of Acceptance and (b) subject to Buyerâ€™s Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Seller by Close Of Escrow."
IN ADDITION, you should also be aware of Para 16 that provides you with a vehicle for confirming whether all debris and personal property not included in the sale has been removed by the Seller, as follows:
"16. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or ) ________ Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 9; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP)."
You have a few options regarding the Inspection contingency removal as well. The contingencies in the CAR RPA are not "passive", meaning the Buyer must remove them in writing. Going past the contingency due date does not remove the contingency. So, you could simply send an email to the Listing Agent (for documentation purposes) asking whether the personal belongings will be removed from the garage in time for you to conduct the property inspection and remove the associated contingency by the schedule due date. [ You might also want to suggest the Sellers consider ordering a POD delivery to have the garage cleared so escrow can close on schedule, see: http://www.pods.com ]
An addendum as Debbie suggested would be the other option. In either case, talk to your Broker first. Then pick up the phone and speak with the Listing Agent.
Get some advice from your broker. Creating a clause that requires someone to clear out the possessions sounds simple, but you'll need to cover several aspects to make it useful but not so overbearing that it backfires.
Ask your client, "if the deal closed and all those items were still there, but the terms of the deal were good, could you live with that"? Doing a garage sale or calling a charity to collect it all may be the worst case scenario.
Normally, the homeowner will take all of their belongings. However, just to make sure have the agent specify it on the sales contract. Also, make sure that anything you DO want is on the contract too, such as appliances, chandeliers, surround sound, etc. The seller may say no but it doesn't hurt to ask.
Jack Gillis, M.B.A., J.D. â”‚ RealtorÂ®
Jack Gillis Realty Advisors
United Real Estate, Broker
5430 LBJ Freeway | Suite 280
Dallas, TX 75240
First I'd reccomend you consult with your Broker in Charge when you have a specfic procedural question.
It's been a long time since I've worked in CA and I know your contracts are different from the ones I use here in NC, but I'd be surprised if they don't include a paragraph that the property is to be left "broom clean".
There's certainly nothing wrogn with your cousin specifying in the offer that all personal itmes are to be removed prior to closing.
This is a great question. Garages are a target-rich environment for home inspectors. A readily accessible area is necessary to check for insect infestation, fire-wall breaches, water damage, electrical defects, structural concerns and reportable issues regarding the water heater/furnace/laundry areas.
I suppose parties could leave some money in escrow to anticipate less-than-satisfactory issues when buyer performs his/her walk-through. Better to rent a POD or storage unit when an offer is accepted? Afterall, these belongings must be removed eventually.
As stated earlier, your cousin does not NEED to; however, I recommend that they do. In paragraph 8c you can stipulate things that are excluded from the sale (i.e.; things that should be gone at the close of escrow).
This is something you need to discuss from your broker and not agents. Check the contract and you could write it in the contract or in an addendum. Again Check with your Broker on what he says for you to do.. If any problem arises he would be the one to help and advise you.. Good luck.. Ingrid Ski Realtor
Correction... it would not be the estate, but rather the current owners who are charged with removing personal property as specified in the CAR contract.
The standard California Association of Realtors contract already specifies that the seller (in this case the estate) will remove the personal items.
So, the legal part is handled.
You can cross the next bridge (of actually getting it removed) after you have contract approval.