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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I just sold my home and had an estate sale on the last day

Customer Question

I just sold my home and had an estate sale on the last day that I had to turn the home over to the new owners. My estate sale company breached their contract and did not have everything gone by 5 o'clock as was agreed and the new owner took ownership of my property that was left totalling about $4,000 in furniture and misc. items. Do I have any recourse?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 8 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What was the specific agreement in the contract as to what would happen to items not sold by 5PM that day? What was the estate sale company's legal obligation under the contract?

2. Are you saying that the new owners will not allow you to take your things that were not sold---or did you have a contract with them that they get to keep anything left there after 5 PM?


Customer: replied 8 months ago.
My agreement with her was that everything would be gone, either sold, donatd or buyout allthat was left.That was the estate sales legal obligation.
The owner of the houe indicated he would take anything away that needed to go to the dump, but I refused to sign a document at the finalhour giving him ownership of the furniture that was suoo==pposed to be donated to battered women, they were wilimng to pick it up.

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