Legal Question in Real Estate Law in Florida

During our final walk through Tuesday the staging furniture was still in our home. Our realtor told us it would be removed before Friday when we closed. After COE and returning the home I found that all of the items are still in the home. Our realtor contacted the selling agent who reached out to the 3rd party staging co. who said they could come Monday and retrieve the items. Our realtor told them this was unacceptable as we were planning on moving a majority over that weekend. They responded that they would come Saturday instead and someone would reach out to us after receiving my husband’s contact information. Fast forward to today when we FINALLY get a call about coming to get the items. However, they have inconvenienced us and delayed our move by weeks (as my husband and I won’t have another weekend off together for 2 weeks). I also don’t want them in my house potentially damaging our floors and walls removing the items. Our closing date was known for 3 weeks and never changed. And according to the selling agent, the company was supposed to come Thursday before closing to empty the house. Frankly, I don’t see this as our problem anymore. Do we have any legal grounds to charge them fees for keeping their items on our property for days after we took possession? Or even better, can we keep these items as our own?

Asked on 11/12/18, 11:53 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You needed an attorney to handle your closing AND you need one now. Seek legal guidance. Dont just do something without someone consulting with you on that action

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Answered on 11/12/18, 11:57 am
Alan Wagner Wagner McLaughlin, P.A.

You have a claim, but it is certainly not worth hiring a lawyer and probably not worth the time or effort necessary to file a law suit. Depending on the weather, I would have been tempted to move the furniture outside and tell the company their property was available for them in the back yard. I suspect that they would have been right over to pick it up.

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Answered on 11/15/18, 5:00 am

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