Legal Question in Real Estate Law in Maryland

Vacate Property

I sold my property back to Lender and negotiated cash for keys. They stipulated in the contract a date to vacate the property and have it broom clean. I vacated the property and had it broom clean. No one came to inspect. @ days later a realtor comes to change the locks and while I was there to take out the trash, we discovered more boxes in storage area in the garage. They used this as an excuse not to pay the cash for keys saying the property was not vacated. Are they right?


Asked on 5/08/09, 1:59 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Vacate Property

It would depend on the extent of the items that you didn't clear out initially and whether you are able to clear the remaining items out expeditiously. You would have to review the terms of your contract to see what remedies are available to the lender in the event of a default. They are technically correct in that "vacating" means removal of all personal property, not just your personal departure from the premises. If there is a specific provision in the contract that states that if you fail to vacate by the agreed date, you forfeit the cash, you may be out of luck. But if you are able to remove the remaining boxes at your expense without delay, they really can't claim they have been damaged by what happened.

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Answered on 5/08/09, 2:31 pm


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