Legal Question in Real Estate Law in Florida
items left on propery after closing. who owns the items
i recently purchased a home and the seller left behind several personal items such as a lawn mower, edger, chair and other items. these items were left on the propery after the closing date and i did not give him an extension to leave the items on the property. after i took posession of the property, i took these items to a landfill for disposal. now, he is taking me to court for failure to return these belongings to him. i did salvage some of the things and returned to him items that i did not discard. legally, am i entitled to any items left on the property after the closing if we did not make any other agreements?
1 Answer from Attorneys
Ownership of Personal Property left after Closing
FACTS: Purchased home; seller left several personal items on the propery after the closing date; No agreement to leave the items on the property; I took to a landfill for disposal. Now, he is taking me to court.
Q. Legally, am I entitled to any items left on the property after the closing if we did not make any other agreements?
A. NO! You should have written the seller and given a deadline for removal after which deadline you would dispose of the items. Chapter 717 of the FL. Statutes deals with Disposition of Unclaimed Property. You should have followed the Statutes. See also, F.S. 715.10 for Disposition of Personal Property Landlord & Tenant Act.
You disposed of the property at your own risk knowing full well who the owner was. A bailment was created and you didn't protect yourself. You might want to consider settling out of court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
