Selling a house is one thing. Packing up and moving out in time for the closing is quite another.
Although failing to empty out the pantry or leaving behind an old refrigerator and paint cans in the basement might not seem like a big deal, they can cause headaches at closing time and can cost money as well.
Buyers have the legal right to ask that these items be removed before taking ownership.
Failing to remove all personal items not included in the sales contract by the time of the final walk-through, which typically takes place the night before or on the morning of the closing, in the worst case could derail a house sale.
“Sellers don’t realize how much stuff we all acquire over years and how long it takes to clean out a house and move out all belongings,” said Linda Meyers, a real estate lawyer with Webber and Meyers in Simsbury, Conn.
“I don’t care what kind of housekeeper you are, line up a cleaning service. And as much time as you allow to move out and pack up, double it. There are numerous problems at closing when people aren’t out of the property and buyers are outside with the moving van. It makes what should be a smooth transaction very difficult for both parties.”
Meyers said that among the worst situations in her 21-year career as a real estate lawyer happened when a family was relocating to the Hartford, Conn., area from the Midwest and the seller wasn’t moved out of the house on closing day.
The buyers arrived for a 9 a.m. final walkthrough and were told by the sellers that they would need a full extra day to move out.
The closing was postponed until the next day, and the couple not only had to find a place to stay overnight but also had to arrange for their moving van to be stored an extra day.
“The wife, who was nine months’ pregnant, became so upset that she went into labor and had the baby that afternoon,” Meyers said.
The lawyer then had to go to the hospital to finish the closing.
When buyers see that sellers have left items behind, it usually sends real estate agents scrambling to find someone or some way to get rid of the items, whether it’s old furniture, appliances or paint.
If that fails, sellers may have to set money aside in escrow at the closing to cover the cost of removal.
Sometimes, it’s the buyers who lose. Many states allow a reasonable amount of flexibility when it comes to setting and changing the closing date, so sellers or buyers can change the closing date, even at the last minute, without penalty.
But at other times, it’s the sellers who pay the penalty. If buyers show up for the walk-through and the house is not in broom-clean condition, they can ask at the time of the closing that the sellers pay to have the house cleaned, as required in the sales contract in some cases.
The same thing goes for the failure of a seller to remove all personal items from the house by the date the closing takes place, or the failure to have maintained the property between the time a sales contract was signed and the closing date.
If the sellers are unable or unwilling to move their belongings, the buyer can ask that they pay to have them removed by the closing date.
Buyers also can ask that the seller pay to have the leaves raked, grass mowed or snow removed.
In the worse cases, if the buyer and seller cannot reach an agreement fairly quickly, the closing can be delayed.
Some sellers run into problems when they put off packing and cleaning until the final weeks before closing and realize too late how much stuff they have stashed away. Others create a crisis when they leave behind old furniture, appliances or paint that were not included in the sales contract.
“It’s when you agreed the refrigerator in the kitchen would be part of the sale, and at the walk-through there’s an old clunker in the basement,” said Emery Thomas, an agent with William Raveis in West Hartford, Conn. “The seller says, `But it was good. We thought we were doing a favor,’ and the buyer says, `It’s ratty, and we don’t want any part of it.’ “
Sellers can help avoid some of the common problems associated with moving out by understanding the legal requirements of selling a house, taking a household inventory and planning an exit strategy as soon as the house is on the market or earlier, and communicating with their real estate agent about any unforeseen difficulties that arise.
The process can be particularly difficult for older homeowners who have spent decades in one place and are not prepared for the process of packing up and parting with many of their possessions, said Thomas, who recently worked with an older couple who were moving into an assisted living community.
“As we came down to the closing, the physical reality of having to get rid of all of these things came as a shock,” he said.
“They had already filled up their new house, and I had to explain that the closing is now in two weeks and we have to get things out of the house, that the sellers were not going to want them and they were not part of the contract. Thankfully, the family came through for them and spent two or three days hauling stuff out of the house.”
Not everyone can rely on family and friends to help them move. However, there is plenty that sellers can do by planning ahead and tackling the moving process bit by bit.
If there’s time, sellers should try to clean out closets, determine what they don’t need and pack up things they don’t use every day, even before putting their house on the market.
“If it’s summertime, pack up winter clothes and the sentimental things you want to keep and neatly stack them in the basement or garage out of the way,” said agent Allyson J. Bernard, who owns Real Estate Professionals of Connecticut and is the regional vice president for New England for the National Association of Realtors.
“Go though a room at night after work, and go through some closets on the weekend, which does take a lot of time.”
Sellers shouldn’t put off working on the top two trouble spots, either.
“The garage and attic are the biggest culprits,” Bernard said. “We tend to put things in there and forget about it.”
Once the closets are cleared out and the basement and attic organized, items no longer wanted or needed can be taken to the dump, put in a tag sale or donated to a non-profit organization.
However, it’s important to leave enough time to schedule a pickup date and ensure that the items being donated will be accepted. Worn furniture and aging appliances often are refused.
Other resources are available to dispose of unwanted items and help move what you want to keep. Companies such as 1-800-Got-Junk will haul away hard-to-dispose-of items such as aging washers and other appliances and furniture for a fee.
Other businesses help homeowners move gradually by providing temporary storage units for household goods that can be set up in the driveway or garage and filled in the weeks leading up to the closing date.
“These businesses are blossoming because people have more stuff than ever before, and they run out of time and panic,” Meyers said. “We help develop the plan.”
Despite sellers’ best intentions, the process of moving out is rarely glitch-free. One common pitfall to avoid is leaving behind old paint.
“A lot of people leave old paint, which is a huge issue because of environmental concerns,” Bernard said.
Another thing that’s sometimes overlooked is failing to maintain the yard.
“Sometimes people haven’t mowed the lawn or raked the leaves, or it’s been snowing and no one has been shoveling the driveway,” Bernard said.
“You can’t stop maintaining your property from the date you sign a contract to the date you close. People get to the end of their rope and that’s understandable, but it’s still their responsibility.”
Real estate agents, including Bernard, recommend that homeowners who realize there will be a problem explain the situation to their agent to avert a last-minute crisis.
“Communicate, communicate, communicate,” Bernard said. “Don’t create a surprise.”
