Legal Question in Real Estate Law in New York
Regarding a real estate sale in NY, is the owner allowed to remove items from the house after the final walk through? It says no furniture included in the contract. Thank you.
2 Answers from Attorneys
The owner is permitted to remove any item of personal property or fixture that is not listed or specifically excluded in the contract as being sold with the real estate. He or she may do so provided that closing (or delivery of possession pursuant to a post-closing possession agreement) has not yet taken place.
In English: if they stole the stuff after the deed was delivered, then they committed burglary and trespass. If they did it before the deed was delivered (while the closing was taking place) then no crime was committed but the seller deserves to be outed in the locality as a sneak and a thief.