Legal Question in Real Estate Law in New Hampshire
Items left behind when property is sold
Purchased a home in New Hampshire, signed purchase & sale agreement on 11/10/02,signed the closing paperwork on 2/14/03. On 4/1/03 Seller came by the house and took a utility trailer they had left behind. We called the police and seller returned trailer, so we would not have him arrested for trespassing. We then received notice that they were taking us to small claims court because they claim we had a verbal agreement that they would return in the spring to take possession of items they could not remove due to snow on the ground. Neither my husband or I remember a verbal agreement.
What rights do the seller's have regarding items left behind?
In closing paperwork states that all seller's properties and tenants must be removed at the time of title transfer. Would a verbal agreement nullify this statement?
1 Answer from Attorneys
Re: Items left behind when property is sold
Since it is personal property, the agreement does not have to be in writing. You seem to indicate that sellers never said they were going to leave the trailer for you. Evidently, it was not listed on the P&S as being included in the sale. Absent anything that shows they intended to leave it for you and the fact that they came a little over a month later, gives them a good case that it is their trailer.
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