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Many times if a home has been recently painted buyers want those nearly empty cans for touch up and paint codes. But it's discussed. Our contracts call for all debris to be removed and property to be "broom swept clean"
Thomas J. Nelson, REAL...
La Jolla, CA
WE have a clause on our contracts to have all debries removed...But, if something small is left I get rid of it..
Thomas J. Nelson, REAL...
La Jolla, CA
Jeff Dowler CRS - sometimes buyers want to keep it. I let the listing agent know - or else, it has to go.
If discovered in the walk through, either delay the closing or get enough funds from the seller to cover disposal.
I call 1-800-Got-Junk and they come and deal with it. They are very reliable and do trash out all the time.
It's not usually an issue here. Most buyers are happy for the extra paint.
It needs to be a discussion(sooner than later) although I typically caution buyers that if they want certain clauses included in their offer(especially when they are in a highly competitive market) they may be met with a degree of suspicion that they are ultra-picky.
Our contract calls for that & sellers get whacked big time for hazardous materials. No excuse for it, sellers are just lazy.
I always tell people that with cluttered garages.
If they are left behind the the seller is long gone, I simply make those things disappear. I like simple.
I just call my vendor to be removed.
If we see something during the walk through, we will ask the listing agent. Never had issues before besides several cans of interior paint. One time we got nervous as the seller had already moved out but left a 50 gallon drum of used oil in the garage. Listing agent was aware and the sellers were having it picked up for recycling.
I coach sellers about it before the closing.
Jeff Dowler CRS Yes, put it in the offer. Yes, coach sellers how to deal with hazardous materials.
Sometimes those things stayed in the rafters of the garage. Other times, the gardener was told to take care of it. Today, it gets done without fanfare
final walk through will find it.... hold back at closing for one and half times the going rate will cover the removal of it....
We have a landfill I tell them about
Leaning in that direction since most contracts are not specific enough!
Boilerplate language states it is to be removed - final walkthrough - coupled with a "stay" on closing if not removed - typically does the trick...
We typically have that as a a boiler plate request in the RPA Jeff Dowler CRS , I'll do a write in to emphasize section 8C Items Excluded From Sale: Seller to remove all paint, chemicals, car parts, building materials, etc. personal items & clean up debris by final walk-through, 5 days prior to close of escrow, unless otherwise requested by buyer(s).
I will also coach my sellers that they are to be prepared for a buyer to want this from them too. I have a couple haulers that I let deal with it properly.
I do not like them to leave paint behind,
More good reasons for a pre-settlement walk through. Don't settle until the stuff has been removed.
I tell sellers to clean this stuff out themselves - otherwise I end up taking it to the dump
Put appropriate clauses into the agreement.
I would bring it up from the final walk through. I have dealt with people from CA Jeff Dowler CRS and we close face to face at the title company. Slightly different than the way you folks handle it.
Our contracts call for the home to be left "broom clean and free of trash and debris." Sometimes the sellers thing they are doing a favor by leaving behind paint, and I always ask the buyers first if they want the old paint. Usually they don't.
PA contract : 'broom clean, free of thrash & debris' means gone. A pr-close walk through will determine seller compliance. If there is a problem contact other agent, if not resolved notify the buyer's legal counsel. It may be necessary to escrow money to hire trash hauler to remove debris.
I would sugget that the sellers ask to have them removed.
You guys are coming up with some whoppers today. I have not had his happen (that I know of) in 13+ years of RE. And opposed to what some people above said, it is not free to dump HAZMAT here in DFW. If it happened, and I caught it in the final walk through, I would hire and charge the seller back for "trash out" service at closing. What is common? They hired a mover and the mover will not transport bleach, pesticides, paint so the seller asks if it is OK to leave it in a box and not once has a buyer said, "No, I don't want your free cleaning supplies and free yard supplies and paint to touch up...."
I advise them not to leave them behind because of potential liability. We have facilities here that make it fairly simple to dispose of hazardous materials.
dry ones can go to recycling.
rest are useful for touch up. Hired one guy to take a bunch wet ones away.
I make the seller take it to the drop-off center at the county landfill. There is no cost to drop it off; the county has pallets and 55 gallon barrels where you put the stuff.
If it is really bad, I won't take the listing.
sellers are to remove anything not fixed. so a paint can qualifies. me..i call the sellers agent (if not u) and ask them to remove. if its my peeps.. i will ask them to get it...hopefully its caught on walk thru before. good item to add to walk thru list
99% of that stuff ends up being dumped either in the storm drain, toilet, or in the trash can. Since gravity flows upwards for all that nasty stuff, thankfully it ends up in the air (where it is easily dispersed) rather than in the water supply.
I always tell sellers to take whatever is not specified in the contract. As for buyers, yes, if they want something left, specify it in the contract.