Legal Question in Real Estate Law in New York

Regarding a real estate sale in NY, is the owner allowed to remove items from the house after the final walk through? It says no furniture included in the contract. Thank you.

Asked on 3/16/13, 11:48 am

2 Answers from Attorneys

Paul Vaygen Law Offices of Paul A. Vaygen

The owner is permitted to remove any item of personal property or fixture that is not listed or specifically excluded in the contract as being sold with the real estate. He or she may do so provided that closing (or delivery of possession pursuant to a post-closing possession agreement) has not yet taken place.

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Answered on 3/16/13, 11:59 am
Kevin Connolly Kevin J. Connolly

In English: if they stole the stuff after the deed was delivered, then they committed burglary and trespass. If they did it before the deed was delivered (while the closing was taking place) then no crime was committed but the seller deserves to be outed in the locality as a sneak and a thief.

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Answered on 3/17/13, 7:16 am

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