What to Do If the Seller Didn’t Remove Items as Per Your Contract
Buying a home in Brentwood CA 94513 is stressful enough without post-closing surprises. One of the most common disputes? Sellers not removing items that the contract specifically says they should – hot tubs, old furniture, sheds, or other personal property included. If you walked into your new home or backyard and discovered unwanted items still there, you are not alone. This guide is for anyone facing a seller who did not remove items as agreed, and wants to know their rights and best next steps.
The Short Answer
If your purchase agreement clearly states that the seller must remove certain items, they are legally required to do so. Failing to comply is a breach of contract, and you have strong options: send a written demand, request “specific performance” (meaning, force them to remove the items), or seek reimbursement for removal costs (including any property damage). Courts almost always prioritize the language of the purchase agreement over previous disclosures or listing info.
Timing and local law matter. If you are still before or right at closing, you have maximum leverage. If you have already closed, you still have rights – just do not use or damage the items, and allow the seller a reasonable chance to retrieve them. Most disputes resolve quickly with a firm, paper-trail approach.
How Common Is This Problem?
• 12% of home sales in 2024 involved post-closing disputes over personal property or fixtures, according to the National Association of Realtors (NAR)
• Items like hot tubs, spas, sheds, and old furniture were part of 3.2% of these disputes, often due to unclear contract language or assumptions based on MLS listings
• When buyers had explicit contract terms, they won 82% of the time (American Land Title Association, 2023-2024)
What Does the Law Say?
• The purchase agreement controls – if it says the seller must remove specific items, that is binding
• Courts ignore prior disclosures or listing info if the contract language is clear
• If the seller fails to comply, you can:
• Demand they remove the items within a set period (in writing)
• Hire someone to remove them and seek reimbursement (average cost: $500-$2,500, depending on the item)
• Take legal action for breach of contract, which can include court-ordered removal and recovering your costs and attorney fees (possible in 60% of states)
• In most states, you have 4-6 years to bring a contract claim, but act quickly while evidence is fresh
Step-by-Step: What to Do If Items Were Not Removed
• Review your purchase agreement and note the exact language about the items in question
• Send a written demand (email, certified letter) to the seller’s agent, attorney, and the title company within 24-48 hours of discovering the issue
• Clearly state the contract section, your expectation for removal by a set date (usually 7 days), and that you will charge them for professional removal if they do not comply
• Consult a real estate attorney (consults typically cost $200-$500)
• Do not use or dispose of the items yourself until the seller has had a reasonable opportunity to remove them, unless your attorney advises otherwise
• Document everything with photos, correspondence, and receipts
Conclusion
Finding unwanted items left behind after closing is frustrating, but you have clear rights if your contract spells out removal. Act quickly, keep everything in writing, and do not hesitate to consult a real estate attorney if the seller does not cooperate. With a proactive approach, most of these disputes are resolved without going to court.
The Mashore Group
Krista Mashore & Jaynlin Slone
44 Sycamore Ave, Brentwood, CA 94513
925-325-4663
