Legal Question in Real Estate Law in Utah

Car/property left in garage after sale of house

I recently purchased a rental house (in Salt Lake City) as income property from the widow of a man who died. The purchase agreement gave her 30 days to clean out the garage, which contained a car and a lot of junk. Her son was supposed to come take the car and what he wanted from the garage, but he hasn't shown up, called, or returned messages, and it's getting near the end of the 30 days. If he doesn't show up by the deadline (or if he comes but only takes some of the items), what legal options do I have regarding the car and property?


Asked on 5/20/03, 10:38 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Car/property left in garage after sale of house

Make sure that they received proper notice. Treat the property as abandoned, meaning you can do with it as you wish. You can sell the car, contact DMV for instructions to get a new title. If there is a lien holder, the lien holder must be paid first.

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Answered on 5/20/03, 11:10 pm

Re: Car/property left in garage after sale of house

Your rights are dependent on the contract language. If any of the property, garage or otherwise, is not cleaned out you probably cannot force them to clean. You may be able to ask for "liquidated damages" if the contract provides for liquidated damages or sue for damages, ie, you need to value the time/costs for cleaning (easiest is to hire professionals or get professionals' estimates) and storage and sue for those amounts as damages for breach of the contract. Items of value may or may not become your property. If so, they may be claimed by seller as offsets to any amount you claim (this wouldn't likely be a very strong claim but could hamper your ability to resolve your complaint).

Your likely best course would be to notify the seller in writing (keep a copy and proof of delivery) of the situation as well as your proposed resolution (such as to sue for costs of clean-up if seller does not perform on the contract obligation to clean and remove property) as see what response you get.

Hope this helps.

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Answered on 5/21/03, 2:50 am


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