I would appreciate some help. I purchased a condo in Brooklyn and closed the transaction last week - transfer of deed & keys took place and I took possession etc. I purchased the apt with lot of high end upgrades and renovations and paid a premium for it. The closing was heated because the seller had all the time to clean the place but he didnt and the place was full of trash and not broom... [more]
I would appreciate some help. I purchased a condo in Brooklyn and closed the transaction last week - transfer of deed & keys took place and I took possession etc. I purchased the apt with lot of high end upgrades and renovations and paid a premium for it. The closing was heated because the seller had all the time to clean the place but he didnt and the place was full of trash and not broom clean. But we ended up not escrowing anything and decided to take it as is and part ways. Now post closing I receive a letter from the seller's attorney stating that i should give back the seller's stereo system which he left behind or else he will press for legal damages and sue. During the argument at closing the seller defended the dirty apt by saying that he is leaving behind an expensive stereo and expensive TV's and we were being petty about the apt being dirty. SO we gave in - his verbal consent to leaving the stereo behind was very vaocal and heard loud and clear by everybody in the room (including my attorney and buyer's broker) even though he now denies saying that. The contract mentions nothing about the stereo but it mentions all upgrades. Nor was there any verbal or written agreement at closing that the seller has claims to something in the apt post closing.
Does he have any claims on the stereo and could he have a case against me? After closing I could have dumped or given away the stereo just as I had to do with all the other trash that he left behind and refused to clean up.
The question is not about a stereo, it is about principle. Even if I give him back the stereo he can come back and sue for other items or even the trash that I threw out? Where does this end? Doesnt closing mean the seller loses his rights to everything in the apt unless agreed to otherwise.
Does he have any grounds to sue me for the stereo? What would you guys do?
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Response by anonymous
over 18 years ago
Posts: 60
Member since: Apr 2007
I am not a lawyer, but I have bought & sold in these parts. Every lawyer has told me that broom clean means you can drag a broom thru the place and not hit a chest of drawers, or a pile of bricks. In other words the place can be filthy dirty disgusting trashy and that is irrelevant.
What does your lawyer say about this letter? You really need to ask. And is this so nasty that you're going to find a brick in your window, or worse? I would try to hang onto the stereo if it were me, but not if I might end up a crime victim, if you know what i mean.
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Response by anonymous
over 18 years ago
Posts: 24
Member since: Jan 2007
What a prick this seller is. I am not a lawyer either, though I bet it is clear in the closing documents about left property - whatever it says, I would go with that and just enforce the contract - for your sake, let's hope that the property left after closing is now yours - in that case, sell the items on craigslist to pay for the legal fees you will need to defend the frivolous law suit!
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Response by anonymous
over 18 years ago
Posts: 1905
Member since: Apr 2007
Have you changed the locks? This person sounds like a real whack job. Yes, I would say to call your attorney & see what they say. I'm neither a lawyer nor a realtor by my idea of broom clean is that the effen place was swept, maybe not scrubbed & scoured but swept; screw him & his stereo, HE DIDN'T EVEN SWEEP THE PLACE !!! I'm actually rather surprised that your lawyer & broker let you give in like that but I guess they just wanted their payday & get on to something else. Good luck & let us know what happens - & keep looking over your shoulder, just in case.
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Response by anonymous
over 18 years ago
Posts: 400
Member since: Apr 2007
i am an attorney thoguh i do not specialize in real estate matters. however, two general concepts. if the sale contract does not explicitly (or implicitly) include items such as the stereo system, it was not sold to you at Closing. Assuming the stereo system is a "fixture" (i.e. damage to the unit would be rendered by removing same, sale contracts generally cover "fixtures" and you'd be covered. However, sales contracts often get VERY specific as to what is and is not conveyed. Now, as to seller's oral representations at Closing. The sale contract normally contains a "merger" clause, which states that the entire agreement b/w the parties is embodied in the sale contract. thus, any side letters, agreements (oral or written) are not included in the deal. Having not seen your sales contract there is no way of knowing what is and is not covered and whether a merger clause was included. your attorney should be able to help you on this.
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Response by anonymous
over 18 years ago
Posts: 33
Member since: Apr 2007
i'm not a lawyer, but unless the contract explicitly says so, the seller can no longer enter the property after closing is completed. and anything left over should be considered a free gift to the buyer. my seller left all the old paints and primer in the closet for me.
just because they "forgot" they left something in there doesn't sound like a valid reason. besides, lawyers *always* threaten to sue just to bully you. i'd ask your own attorney, stay put, and see if they'll bother going through ligitation just for a $100 stereo =)
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I am not a lawyer, but I have bought & sold in these parts. Every lawyer has told me that broom clean means you can drag a broom thru the place and not hit a chest of drawers, or a pile of bricks. In other words the place can be filthy dirty disgusting trashy and that is irrelevant.
What does your lawyer say about this letter? You really need to ask. And is this so nasty that you're going to find a brick in your window, or worse? I would try to hang onto the stereo if it were me, but not if I might end up a crime victim, if you know what i mean.
What a prick this seller is. I am not a lawyer either, though I bet it is clear in the closing documents about left property - whatever it says, I would go with that and just enforce the contract - for your sake, let's hope that the property left after closing is now yours - in that case, sell the items on craigslist to pay for the legal fees you will need to defend the frivolous law suit!
Have you changed the locks? This person sounds like a real whack job. Yes, I would say to call your attorney & see what they say. I'm neither a lawyer nor a realtor by my idea of broom clean is that the effen place was swept, maybe not scrubbed & scoured but swept; screw him & his stereo, HE DIDN'T EVEN SWEEP THE PLACE !!! I'm actually rather surprised that your lawyer & broker let you give in like that but I guess they just wanted their payday & get on to something else. Good luck & let us know what happens - & keep looking over your shoulder, just in case.
i am an attorney thoguh i do not specialize in real estate matters. however, two general concepts. if the sale contract does not explicitly (or implicitly) include items such as the stereo system, it was not sold to you at Closing. Assuming the stereo system is a "fixture" (i.e. damage to the unit would be rendered by removing same, sale contracts generally cover "fixtures" and you'd be covered. However, sales contracts often get VERY specific as to what is and is not conveyed. Now, as to seller's oral representations at Closing. The sale contract normally contains a "merger" clause, which states that the entire agreement b/w the parties is embodied in the sale contract. thus, any side letters, agreements (oral or written) are not included in the deal. Having not seen your sales contract there is no way of knowing what is and is not covered and whether a merger clause was included. your attorney should be able to help you on this.
i'm not a lawyer, but unless the contract explicitly says so, the seller can no longer enter the property after closing is completed. and anything left over should be considered a free gift to the buyer. my seller left all the old paints and primer in the closet for me.
just because they "forgot" they left something in there doesn't sound like a valid reason. besides, lawyers *always* threaten to sue just to bully you. i'd ask your own attorney, stay put, and see if they'll bother going through ligitation just for a $100 stereo =)