Multiple Choice Question: You are the buyer’s agent. The buyer and seller enter into a C.A.R. Residential Purchase Agreement (RPA). After close of escrow, the buyer takes possession of the house, and discovers that the seller left behind an old sofa and a bunch of junk. What should the buyer do? Pick the best answer:

A. Dispose of the items, because the buyer is now the owner of the house.
B. Dispose of the items, because the items have been abandoned.
C. Dispose of the items after giving the seller a 3-day notice to remove them.
D. Sue the seller in small claims court. 

Answer: Answer A is wrong. A buyer (or any other homeowner) does not necessarily own all personal items that may be left in the house. Ownership of personal property does not “run with the land.” If the buyer just discards the items, the seller may have a valid legal claim against the buyer called “conversion.” The potential liability for the buyer could be significant if, for example, the seller later claims that the sofa was a valuable antique, or that the seller used the sofa as a hiding place by sewing thousands of dollars in cash into one the sofa cushions.

Answer B is wrong. It’s true that that the seller is contractually required to remove, by the close of escrow, all debris and personal property not included in the sale (see paragraph 7B of the RPA). It’s also true that such items are “deemed abandoned” as according to the RPA (see paragraph 7B). However, even if items are deemed abandoned, the law still requires the person in possession of the abandoned items to act reasonably with respect to the abandoned items.

Answer C is the correct answer! The RPA requires the buyer to give the seller a 3-day notice in writing to remove items left behind, before the buyer can get rid of them (see paragraph 7B of the RPA).

Answer D is not the best answer. A buyer may be able to sue the seller for the cost of disposing items left behind (see paragraph 7B of the RPA). However, before suing, the buyer must first serve the seller with a 3-day notice to remove as set forth in Answer C.

Additionally, small claims court is a special court with special rules that may be inapplicable or inappropriate for certain situations. For more information, go to the Small Claims Court website. Instead of suing in small claims court, a buyer may, depending on certain considerations, pursue mediation, arbitration, and/or litigation in Superior Court.

Stay Tuned Next Week: What if the seller takes away items that the seller was supposed to leave behind?

-Thank You to Brenda Baney (Tustin Office) for suggesting this week’s legal tip!

Copyright© 2024 Shared Success Center, LLC (serving HomeServices of America companies). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of September 30, 2024. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals. Written by Stella Ling, Esq.