Here's How to Deal with Things Sellers Leave Behind in Your New Home

When sellers leave things behind in your new home, you have three options: catch the items at the final walkthrough, use your contract to make the seller remove or pay for them, or keep, donate or dispose of them yourself once the house is yours.

Before closing is the best time to deal with it.

After closing, most of the leverage is gone.

We are Bentley's Real Estate in Newburyport, Massachusetts, and our agents walk homes with buyers across Greater Newburyport before closing. Most of the trouble starts with a misunderstanding about what the seller was supposed to take.

What sellers are expected to take

Sellers should take all of their belongings unless the purchase negotiations included an item. Many contracts also ask that the house be left "broom clean."

That means anything big enough to push with a broom should be gone.

Usually stays with the house	Usually leaves with the seller	Worth asking about before closing
Built-in fixtures and attached lighting	Furniture and personal belongings	Paint cans and leftover tile
Manuals and warranties for appliances	Old mattresses, junk and trash	Window treatments
Spare filters, bulbs and cabinet hardware	Stored boxes in the attic or basement	Outdoor furniture and grills

A few spare parts left for the new owner are a help. A pile of old stuff the previous owner did not want to dispose of is a burden.

The phrase "personal property" in your contract decides what the seller has to remove in most deals, so read that part slowly. Even with clear wording, sellers leave certain items behind far more often than others.

The most common items left behind

Heavy, awkward and forgotten items are the ones sellers leave behind most often. Knowing the usual suspects tells you where to look.

Item	Why sellers leave it	What to ask for
Old refrigerators or freezers	Too heavy to move	Removal before closing
Sleeper sofas and pianos	Hard to get out of the house	Removal, or a written agreement to keep
Paint and chemicals	Unsure how to dispose of them	Removal, or a list of paint colors
Boxes in the attic or eaves	Forgotten during the move	A final check of storage spaces

If a big piece of furniture is still in place a week before closing, ask your agent to get the seller's plan confirmed in writing. Your real protection comes weeks earlier, when you sign the contract.

How to prevent it in the contract

Many purchase agreements have no standard provision covering items a seller leaves after closing, which is why the fix belongs in your contract. Your agent can help you specify three things:

1. A clear date by which the seller's belongings and trash must be removed.
2. That anything left after that date becomes yours to keep or dispose of.
3. An amount held back from the sale proceeds to cover removal if the house is not cleared.

In Massachusetts, this kind of language belongs in the Purchase and Sale Agreement. Ask your real estate attorney what wording fits your deal.

Contract option	Best for	Tradeoff
Removal deadline	Every purchase	Needs a remedy to have teeth
Ownership of abandoned items	Buyers who want a free hand	Does not pay for removal
Holdback from proceeds	Homes with a lot of stuff still inside	Both sides must agree

Choose the deadline alone when the seller has started packing. Add the holdback when the house still looks lived in, which the last visit before signing will show you.

Use the final walkthrough

The final walkthrough is your last chance to make sure the house is empty and move-in ready before you own it. Open every kitchen cabinet, drawer, bathroom vanity and closet, then check the attic, basement, garage and any eaves.

Bring a flashlight for the dark corners.

Take photos of anything that should not be there so your agent can raise it before closing.

Seems like a small step. Sellers are often as stressed as buyers, though, and many forget what they stored.

We schedule the walkthrough as close to closing as possible. Some buyers still find the leftovers after the keys are in hand.

What to do if the seller left items after closing

Once you own the home, you can deal with the left items as you see fit in most cases. To handle it amicably, we suggest this order:

1. Contact the seller through the agents. Give a firm deadline to pick up anything valuable or sentimental.
2. Document everything. Take photos and get a written removal estimate.
3. Ask the seller to pay. Send the estimate through the agents or attorneys.
4. Talk to your attorney. If the seller refuses, your attorney can explain your options, which may include small claims court for breach of contract. These cases can take months, with no guarantees.

Be wary of "I'll get those next week" promises.

Once your deadline passes, each item is yours to decide on.

Keep, sell, donate or dispose

Keeping, selling, donating and disposing all make sense for different items, and plenty of what sellers leave behind is useful.

Option	Best for	Pros	Cons
Keep	Useful furniture and tools	Free, saves money after moving	Clutter if you are unsure
Sell	Items with real value	Puts cash back in your pocket	Takes time to list
Donate	Clothing, decor, kitchenware	Helps local charities	Pickup scheduling
Dispose	Broken or worthless items	Fastest way to free up space	Hauling and disposal costs

Old paint and chemicals may need special disposal. Check your town's rules and pickup schedule before anything goes to the curb.

That is, a seller who plans ahead can avoid all of this.

If you are the seller

Sellers avoid this issue by taking everything that was not part of the sale. Leave manuals, warranties, spare tiles and paint color notes only if the buyer wants them, and clear out the garage and basement too.

How Bentley's Real Estate helps

Bentley's Real Estate is the #1 real estate brokerage in Greater Newburyport by market share, seven years running. Our 60+ agents work with buyers and sellers in Newburyport, Amesbury, Newbury, Plum Island, West Newbury, Salisbury and Rowley.

We help put removal expectations in writing and walk the home with you before closing. We also stay in touch with the attorneys so you can sort out leftover items before you take the keys.

If you are buying or selling a home on the North Shore, call us at (978) 572-1200.