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House sale - who owns contents?

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  • 01-11-2013 10:01pm
    #1
    drummer20
    Registered Users Posts: 19 ✭


    When you buy a house and contents (furniture) are left behind, not accounted for in the sale contracts who is the legal owner?

    If items still legally belong to the vendor how long before they can be disposed of?

    Vendor was initially (according to estate agent) going to leave items of furniture (it was a rental property).

    Then a few days prior to closing sale we were told he wanted to remove items and put them in storage, but if we made an offer we could get furniture for a good price, we declined to make an offer, while some of it is useful some of it (old mattresses, bedding, broken dining table, broken bed frames etc) needs to be disposed of.

    We have the keys and are living in the house and items are still here and although we've been told there will be someone to collect items (even waited around on two dates) so far nobody has turned up.

    All contact has been through estate agent, and I'm considering giving a deadline for removal, and stating otherwise we will dispose of items but legally I have no idea where I stand, might I have to reimburse vendor for the items should I get rid of them?

    I don't want to make such a threat if I've no legal grounds for doing so, but at the same time I'm not running a free storage facility.


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    #2
    Valentine1
    Registered Users Posts: 434 ✭✭Valentine1


    All items in the house when possesion (ie keys) are handed over are the property of the purchaser unless otherwise addressed in the contracts for sale. The furniture is yours to keep and equally the rubbish is your responsibility to dispose of.

    Send a final message to the seller and if they are not collected scrap them.


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    #3
    ted1
    Registered Users Posts: 23,532 ✭✭✭✭ted1


    You own them. It costs you money fir a skip or trip to the dump, or if the previous owners want them be sure to charge them rent for storage.


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    #4
    drummer20
    Registered Users Posts: 19 ✭drummer20


    Thanks for the advice, makes sense I shouldn't have to hold on to vendors stuff.

    I'll make the call Monday with a deadline its more than a bit ridiculous that we're trying to move in around this stuff.


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    #5
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    You don't need to make the call and give the deadline, they had ample time to remove anything they wanted. You legally took possession. Just get a skip and remove.


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    #6
    ted1
    Registered Users Posts: 23,532 ✭✭✭✭ted1


    MouseTail wrote: »
    You don't need to make the call and give the deadline, they had ample time to remove anything they wanted. You legally took possession. Just get a skip and remove.

    Why should he pay for a skip!


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    #7
    Wabbit Ears
    Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    because he has items in his house that he owns but wants rid of...


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    #8
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    Obviously what happened is the seller never wanted the stuff but chanced their arm in seeing would you pay something to buy it

    If the owner has left stuff not in the contract your solicitor can force them to remove

    Easier thing to do is just dump the stuff yourself.

    If you want to avoid skip cost advertise it in the Free stuff section of Adverts.ie and watch the locusts descend.


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    #9
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    drummer20 wrote: »
    When you buy a house and contents (furniture) are left behind, not accounted for in the sale contracts who is the legal owner?

    If items still legally belong to the vendor how long before they can be disposed of?

    Vendor was initially (according to estate agent) going to leave items of furniture (it was a rental property).

    Then a few days prior to closing sale we were told he wanted to remove items and put them in storage, but if we made an offer we could get furniture for a good price, we declined to make an offer, while some of it is useful some of it (old mattresses, bedding, broken dining table, broken bed frames etc) needs to be disposed of.

    We have the keys and are living in the house and items are still here and although we've been told there will be someone to collect items (even waited around on two dates) so far nobody has turned up.

    All contact has been through estate agent, and I'm considering giving a deadline for removal, and stating otherwise we will dispose of items but legally I have no idea where I stand, might I have to reimburse vendor for the items should I get rid of them?

    I don't want to make such a threat if I've no legal grounds for doing so, but at the same time I'm not running a free storage facility.

    This matter should have been resolved before closing. Get rid of the stuff and stop letting yourself be exploited. He has had plenty time to collect.


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    #10
    mad m
    Registered Users Posts: 9,005 ✭✭✭mad m


    If it's not in contracts put furniture outside for sale to passing people or free to take away. It will cost you money to get a skip.


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    #11
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    WAIT a few weeks, then put stuff on adverts,ie , free .
    some people will take
    old tables etc even if its broken.
    i see people leave out old chairs ,etc some one takes them.


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    #12
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Try and see if anything is of value. My parents brought a house that had a mint condition side board. But people working on the house smashed it and put it in the skip. A few months later we seen a side board that looked pretty identical for €3,500 in a vintage furniture shop.


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    #13
    TheScriptFan
    Registered Users Posts: 129 ✭✭TheScriptFan


    Slightly related - I have just bought a house and the vendor has contacted me to see if I want to purchase any goods. Should I offer rock bottom as they obviously don't want it? I don't particularly want the stuff but would be handy enough if I can get at a good price. Any advice on how to proceed? Also - should I do a check before closing that r house is vacant? They had sooooooo much stuff in the house!


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    #14
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    TheScriptFan wrote: »
    They had sooooooo much stuff in the house!
    I'd advise a quick look to ensure that the stuff actually works, and wasn't just stored by a hoarder.


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    #15
    Teyla Emmagan
    Registered Users Posts: 5,641 ✭✭✭Teyla Emmagan


    mad m wrote: »
    If it's not in contracts put furniture outside for sale to passing people or free to take away. It will cost you money to get a skip.

    Think that's dumping. The neighbours will probably have the guards round pretty fast. No one wants a pile of crap on their street.


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    #16
    Teyla Emmagan
    Registered Users Posts: 5,641 ✭✭✭Teyla Emmagan


    TheScriptFan wrote: »
    Slightly related - I have just bought a house and the vendor has contacted me to see if I want to purchase any goods. Should I offer rock bottom as they obviously don't want it? I don't particularly want the stuff but would be handy enough if I can get at a good price. Any advice on how to proceed? Also - should I do a check before closing that r house is vacant? They had sooooooo much stuff in the house!

    Judging by what we have learnt in this thread, you should say you don't want it and insist every last stick is removed when you move in!


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    #17
    Teyla Emmagan
    Registered Users Posts: 5,641 ✭✭✭Teyla Emmagan


    TheScriptFan wrote: »
    Slightly related - I have just bought a house and the vendor has contacted me to see if I want to purchase any goods. Should I offer rock bottom as they obviously don't want it? I don't particularly want the stuff but would be handy enough if I can get at a good price. Any advice on how to proceed? Also - should I do a check before closing that r house is vacant? They had sooooooo much stuff in the house!

    Judging by what we have learnt in this thread, you should say you don't want it and insist every last stick is removed when you move in!


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    #18
    cali_eire
    Registered Users Posts: 182 ✭✭cali_eire


    TheScriptFan wrote: »
    Slightly related - I have just bought a house and the vendor has contacted me to see if I want to purchase any goods. Should I offer rock bottom as they obviously don't want it? I don't particularly want the stuff but would be handy enough if I can get at a good price. Any advice on how to proceed? Also - should I do a check before closing that r house is vacant? They had sooooooo much stuff in the house!
    So there is no grey areas and you arent left with a lot of crap to have to pay to get rid of I would say you want the house empty. I would also mention to your solicitor that the seller had a lot of stuff and there is some concern they might leave things behind. Moving into a new house is stressful enough without trying to deal with someone else's stuff left behind as well.


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    #19
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    i presume you mean ,washing machine ,cooker, table, chairs,
    OFFER a low price ,list exactly what you want,
    eg presses, tables ,etc,
    wardrope.
    the seller may not be buying another house right now ,so
    easier to leave the stuff there if you want it.
    i saw a neighbour ,leave out 5 good chairs,
    they were taken by passers by.
    THE council has 1 day per year in most areas, leave out tvs, large items, chairs ,furniture ,
    they collect them .no charge.


    usually sellers take furniture,cooker etc,eg clears out the house .

    UNLESS the buyer pays abit extra.

    some people even take the light bulbs.
    they should leave window ,curtains there .


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    #20
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    When you buy a house, the sale should include all things that are fixtures - kitchen presses, built-in furniture, and so on. Start with the idea that if it is fixed in place with nails or screws, it is part of the house.

    There is still a grey area. For example, some would consider it okay to remove expensive light fittings. Pesonally, I would accept that on condition that a reasonable basic fitting was left in its place.

    Furniture, carpets, and curtains are not part of a house. The vendor can offer to sell them to the purchaser, gift them to the purchaser, or remove them.

    It is improper of a vendor to leave stuff in a property without making some sort of arrangement with the purchaser, and it would be reasonable for the purchaser to seek compensation for disposing of what might be regarded as rubbish.


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