This question comes up. You go to a walk through and there’s still a bunch of stuff in the house. What now?
First, the Far Bar As-IS contract that we use in the Jupiter are MOST of the time provides that the Buyer be provided access to the Property…
For among other items, a “Walk Through”….
WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement and has met all other contractual obligations.
It’s that last bit that send us back to this part to answer the question….
Where we note the language: “Seller shall have removed all personal items and trash from the Property”
So basically the Seller (Owner) must remove all personal property BUT must have left the Personal Property defined as being included on page 1. So, the 2×4 example. If a 2×4 is laying on the ground it’s personal property. If it’s permanantly afixed to the house, and thus the ground, then it is part of the real property.
