San Bernardino, CA asked in Constitutional Law, Contracts, Estate Planning and Real Estate Law for California

Q: Can a real estate agent take a motorcycle/car that was sold with the house we just bought?

I just bought a home (escrow closed), we got the keys to the house, but not the garage keys/control because the real estate doesn't want to give the keys to us till he comes and takes a motorcycle and car that was sold with the house we bought. We can't open the garage to clean and he wont hand over the keys unless he gets what he wants. He said he'll be coming tomorrow to come and get the vehicles. We are going to park a car infront of the garage door so it wont open.

1 Lawyer Answer

A: If the car and motorcycle were not specifically included in the sale, and were "sold" when the escrow closed, then he would have a right to take those items of personal property out of the garage. Perhaps he wanted to be sure that he could get those items. Since you plan to block the garage, I believe it is you who will be preventing him from taking those items of personal property. This all should have been resolved in the escrow documents and any amendment to those documents.

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