Q: Is the seller of a house allowed to hold an estate sale after we've closed on the house?
She has until Aug. 30th to leave and is holding an estate sale on the 24th, 25th. We own the property now though. Is this legal? We also see the estate sale pictures have our home's window screens alongside items being sold. Our real estate agent has told us she's allowed to hold the sale but our family friend who used to be a real estate agent AND estate sale professional said she's never heard of that and didn't think it was legal. Not to mention our concerns for our home with people moving furniture through it and covid. Thank you so much for your advice!
A: When you sold the property and allowed the seller to remain you formed a landlord-tenant relationship. Do the terms of the lease restrict the tenant’s use such that a sale is prohibited? I doubt it, especially because a moving sale is to be expected.
Tim Akpinar agrees with this answer
A: You answered your own question. If she has until the 30th to move out, the seller has until then to remove her things from the place. HOW she removes those personal property items is something most leases are completely silent on, and I would be shocked to learn of the lease created in an offer to purchase / real estate closing forms would prevent the sale of property not covered by the purchase agreement.
Did you have an attorney review your closing package and offer to purchase BEFORE you bought? You should have. Who knows what other 'surprises' remain! NEVER NEVER NEVER trust a 'realtor' to provide legal advice. Ditto for an 'estate sale professional'. Do you get medical advice from your car mechanic? Car repair advice from your kids orthodontist? You should get legal advice from a licensed attorney, And in this case, to get REAL advice, you'll need to share the documents with that attorney in order to insure everyone is 'on the same page' and the advice can be considered 'sound'.
Don't enter into complex and expensive purchases without legal advice!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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