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Seller Trying To Reclaim Property That Was Left At Closing?

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Location: Montana

Just closed on our house on Jan 12th. The owner of the property passed away so there was quite a bit of stuff still on the property when we looked at it. After we got under contract and got through inspection we asked if anything would be left or if they planned to clean it all up (it was a lawn mower, tool boxes, 4wheeler, trash, old pipes, junk, etc.) but some things of value. We were told that they were planning on auctioning most of it off— we let them know that we would be willing to take the 4wheeler and lawn mower if they wanted to leave it because neither started and had flat tires. But, if they were going to take the lawn mower and the 4wheeler that we would want them to take everything (basically the rest of the junk that has no value). This is all verbal agreement— there was no documentation that any items were included in the sale but there was also no documentation that any items were excluded and our contract has a “seller to clear personal property from the property” clause.

Fast forward to final walkthrough, most of the valuable stuff is gone but the 4wheeler was left. The lawnmower was taken. Our realtor reached out and asked where it was and they apologized and said they would coordinate getting it back to us but it would probably be after closing. We agreed.

Now— 15 days after closing— they have reached out and said they are bringing the lawn mower back to us this week and will be taking the 4wheeler with them. We said absolutely not— it was here during the final walk through and it has been here since we closed on the property. You will not be taking it and you’re not allowed on our property. So we basically told them to keep the lawnmower and kick cans.

Do they have even an OUNCE of legal right to the 4wheeler that they left?? We are not a free storage unit, so we would have never agreed for them to just have it here for 15 days and we also would have made them take EVERYTHING (trash,junk) if they were taking the lawn mower which is why that should’ve been done before final walkthrough?! Because it would have changed what we asked of them!

TIA for advice/thoughts/help

submitted by /u/Difficult_Walk_9596
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