Legal Question in Real Estate Law in California

Property left on sale of real estate

when can a new owner dispose of property left by a former owner of real estate.


Asked on 9/04/08, 9:59 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property left on sale of real estate

When the former owner evidences surrender of possession by, for example, turning over the keys. Although the new owner is entitled to possession immediately upon close of escrow (and absent an agreement to extend possession), entitlement to possession is not always the same as actual possession. The new owner should not dispose of former owner property until said former owner is out of possession, and an unlawful possession is nevertheless possession.

Then, the former owner should be given notice to come and pick up his/their/her stuff, and a reasonable opportunity to comply after notice should be given. What's "reasonable" could be a few days to a few months depending on how much stuff, where they've moved, and other such factors obviously affecting the reasonability of the deadline you give.

Furthermore, the disposal should be in a commercially-reasonable manner. Throw away, recycle or donate the junk and items of low value or that have no real market, but valuable things should be sold by auction or to a dealer; the net proceeds (less your costs and expenses) technically belong to the former owner who could, but probably won't, ask for the money any time before the statute of limitations expires, which I believe would be three years from the date of sale or other disposition.

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Answered on 9/05/08, 12:26 am


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