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House Purchase Problems (Chattels Missing)

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  • May 9th, 2010 12:16 am
[OP]
Member
Jan 21, 2008
383 posts
240 upvotes

House Purchase Problems (Chattels Missing)

Hi All,

I closed on my first house yesterday only to find the the previous owners had left all there garbage in various placing in the house ( we bagged it all up, 8 garbage bags in all ) That pissed me off enough, but then we noticed that there were chattels missing (BBQ and Freezer) which were written in the contract. I will be contacting my lawyer on Tuesday, but was wondering what this process is going to look like? Do I get them back or compensation? How do I prove that they took them? Is there anything I can do about them leaving their S#$T in my house (probably won't do anything, but I'm curious to know)

Thanks to anyone that can help, this is just the tip of a poorly executed real estate deal.
18 replies
Deal Expert
User avatar
Aug 22, 2003
15541 posts
973 upvotes
Niagara Falls
The garbage issue, you won't get far on that one unfortunately. The appliances, your lawyer will take care of. You'll either get them back or you'll get what they were worth on closing (not replacement cost). Hopefully you took pics (with a newspaper for date proof) to prove them missing as well as someone independent who could verify. Your lawyer will handle all of the negotiations with their lawyer.
Thinking seriously about the 4 S's...Sun, Sand, Surf and ... Booked for Sept in Mexico and booked Samana DR for Jan!
Deal Expert
User avatar
Aug 9, 2004
21672 posts
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Newmarket
CSK'sMom wrote: The garbage issue, you won't get far on that one unfortunately. The appliances, your lawyer will take care of. You'll either get them back or you'll get what they were worth on closing (not replacement cost). Hopefully you took pics (with a newspaper for date proof) to prove them missing as well as someone independent who could verify. Your lawyer will handle all of the negotiations with their lawyer.
Some good advice as always, but I dont think pics of something that isnt there would matter. Anyone could simply roll the bbq a few feet away and take a pic of an empty spot on the patio :confused:
Deal Expert
User avatar
Aug 22, 2003
15541 posts
973 upvotes
Niagara Falls
stealth wrote: Some good advice as always, but I dont think pics of something that isnt there would matter. Anyone could simply roll the bbq a few feet away and take a pic of an empty spot on the patio :confused:
True stealth but it can help if things get messy. Same with an independent person who could verify that the items are missing. Hopefully things don't get messy for the OP and it was a oversight (maybe mover's moved items by mistake :confused :) by the sellers.
Thinking seriously about the 4 S's...Sun, Sand, Surf and ... Booked for Sept in Mexico and booked Samana DR for Jan!
Sr. Member
Aug 25, 2006
780 posts
176 upvotes
I think your lawyer was supposed to hold off on paying them in full just incase something like this happens. We will be moving into our new house next month and I bet this will happen to us as well, so let me know how it goes.

Ours is different, we want them to get rid of their freezer and not keep it. I wonder if I can charge them for the removal?
[OP]
Member
Jan 21, 2008
383 posts
240 upvotes
Thanks for the advice, I will let everyone know on Tuesday what the lawyer says. Hopefully it was just a mistake
Deal Addict
Feb 5, 2009
2383 posts
343 upvotes
xcell wrote: Ours is different, we want them to get rid of their freezer and not keep it. I wonder if I can charge them for the removal?
I know someone whose parents just sold their house recently. Their lawn had car junk all over the place, and the buyer actually wrote something into the contract to the effect of "seller to remove car junk or $xxxx to be deducted from buying price".
Deal Fanatic
User avatar
Jul 5, 2001
6322 posts
4247 upvotes
CSK'sMom wrote: The garbage issue, you won't get far on that one unfortunately. The appliances, your lawyer will take care of. You'll either get them back or you'll get what they were worth on closing (not replacement cost). Hopefully you took pics (with a newspaper for date proof) to prove them missing as well as someone independent who could verify. Your lawyer will handle all of the negotiations with their lawyer.
I think most of the purchase contracts have a clause: " The home must be in broom-swept condition free of debris", etc, etc...

So OP may not be out of luck...either way, contact your agent, that is why he/she is there!
Sr. Member
Sep 3, 2007
631 posts
58 upvotes
Aurora
Last year when we sold our home, the buyer had a clause in the contract which basically said that the house was suppose to be clean and no mess/garbage in sight/garage/inside or at curb.

I am not sure if this is a standard thing or was specially put.
Deal Expert
User avatar
Mar 25, 2003
15103 posts
3869 upvotes
Markham
xcell wrote: I think your lawyer was supposed to hold off on paying them in full just incase something like this happens. We will be moving into our new house next month and I bet this will happen to us as well, so let me know how it goes.

Ours is different, we want them to get rid of their freezer and not keep it. I wonder if I can charge them for the removal?
there is a
The Great Refrigerator Roundup program

http://everykilowattcounts.ca/residenti ... /faq.php#1

should be free
http://everykilowattcounts.ca/residenti ... fridge.php
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[OP]
Member
Jan 21, 2008
383 posts
240 upvotes
joejack wrote: Last year when we sold our home, the buyer had a clause in the contract which basically said that the house was suppose to be clean and no mess/garbage in sight/garage/inside or at curb.

I am not sure if this is a standard thing or was specially put.
I don't think we had that clause, but I will for next time ;) my agent is getting the items back, I will update when I have them in hand

Thanks
Sr. Member
Feb 23, 2008
827 posts
75 upvotes
9394 wrote: I think most of the purchase contracts have a clause: " The home must be in broom-swept condition free of debris", etc, etc...
yep, when I sold my condo and bought my house both of the MLS contracts had this wording in it so that you can't leave the place in a mess.

as far as the missing chattels, the lawyers will sort it out but I think the lawyers only hold back money / keys until all the paperwork is signed but I don't know about post possession. the lawyers will straighten it out and claim damages if necessary and reduce the payment in the trust setup for the seller.
Deal Fanatic
User avatar
May 1, 2003
6632 posts
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There is usually a holdback for a few weeks when you buy the house. Some money stays with the lawyers to cover stuff like this and other expenses.
[OP]
Member
Jan 21, 2008
383 posts
240 upvotes
Thanks for all your replies, just an update we ended up getting the BBQ back but they still haven't returned the freezer. The lawyers wrote the other lawyers a letter requesting the freezer or money by a certain date. That date has come and gone and now the lawyers won't do anything and tell me I should go to small claims court.

My question is can I take the lawyers to court to for failure to represent? because I paid them around $800 to help me fulfill the contract and they did not
Deal Addict
Jan 28, 2009
1938 posts
440 upvotes
Calgary
It's not the lawyers fault. Suing them won't work.

You can take the other party to the contract to small claims court if you choose.

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