What happens when the seller leaves the property in a mess?    As a realtor, one of the most disappointing calls I receive is when a buyer’s excitement of moving into their new home turns to bitter disappointment because the seller has left the property in a huge mess.    The deal has closed, the seller has moved out and received their monies, and when the buyer begins to moves in, to their utter shock, the seller has left loads of unwanted junk. This can include: empty paint cans, unwanted tools, broken glass and dilapidated furniture in both the garage and home. I have seen it myself. I can remember one newlywed couple whom I helped find their dream home a number of years ago, discover that the seller’s had left the back shed full of garbage, including a broken, rusty lawn mower.    This is, typically, when the buyer calls their realtor. For me at this point, I will usually either, as a good-will gesture, go visit the premises personally to assist in the clean up, or hire one of our professional cleaning crews to restore the property back to a clean state.    However, it should be noted that sellers who do this are in breach of their signed agreement of purchase and sale. Every buyer should know that one section of the purchase contract states, in essence, that the property must be maintained in substantially the same condition as it was on the date of acceptance.    The question, then, is how enforceable is this contract?    The problem, or rather the difficulty with this issue, lies in the fact that the condition of the property is not typically discovered until it is too late.    Even though we usually include at least one or two re-entries into the property prior to closing, we try to ensure the last one is done only days before the closing date. The primary purpose of this last re-entry is to ensure the property has been adequately maintained by the seller. It’s also an opportunity to see if agreed upon repairs (if any) have been completed.    However, be aware that if the final inspection of the property is carried out only a day before closing, two problems may arise. Firstly, if repairs that were to be undertaken weren’t completed to the buyer’s satisfaction, there may not be enough time to have those deficiencies remedied. And secondly, the seller may be in the middle of moving, so they may not want to show the property.    What remedies exist then if the property is left in poor shape?    As stated earlier, if you are doing your final walk through the property days prior to closing, the home is typically fully packed, so it may be difficult for the buyer to adequately envision how the property will be left. But once it is discovered that there is significant debris left on the premises, what should a buyer do?    It is advisable to notify the buyer’s solicitor as soon as possible. The buyer’s solicitor will then write a letter to the seller’s solicitor. This, unfortunately though, can be an exercise in futility. At this stage in the game, most sellers have little motivation to live up to their end of the bargain. It is probably a fair assumption that the seller’s conscience won’t move them to comply, given they had left the garbage behind in the first place. So if the lawyers can’t resolve the issue, the only other course of remedy is small claims court. The problem is that this typically isn’t worth going through because the time and energy may not be worth the return. Of course, if there are substantial damages, this may be necessary.    There is another option though. This is to have a nominal amount of money held back in the offer ($500 to $1000) until after closing. If there are any damages or debris, then this money can be used to offset those costs. Be mindful though, that some sellers are not willingly to agree to incorporate this clause in an offer. (Some sellers may view this as an offensive suggestion.)    In conclusion, I want to underline the fact that most sellers are very conscientious and leave their home in impeccable condition. This has definitely been my experience. However, for the small percentage of sellers who unfortunately don’t show the same consideration, there is no easy answer. Hopefully though, this article has shed some insight on your options and educated potential buyers on this issue.