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vacant possession

  • 02-10-2020 5:30pm
    #1
    Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭


    just wanted to enquire about the whole area of vacant possession


    my mother signed contracts for the sale of her house in the past week , she would prefer just leave beds and furniture in the house

    is she obliged to leave the house completely empty , there was no clause or condition in the contract which allowed same , i was busy and forgot to ask her to request same

    she doesnt need to bring any of the stuff with her


Comments

  • Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭wench


    The expectation would be that it would be removed.
    Otherwise she is just pushing the effort and cost of removing her belongings on to the buyers


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Bit of a scummy or very nice thing to do depending on the circumstances, but as I was told, what is the buyer going to do? Hold up the sale until they're removed?

    If you're willing to field the myriad of time wasters - Free to take away on Adverts.ie


  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    Bit of a scummy or very nice thing to do depending on the circumstances, but as I was told, what is the buyer going to do? Hold up the sale until they're removed?

    If you're willing to field the myriad of time wasters - Free to take away on Adverts.ie

    i live a hundred miles from her and i dont think she,d be comfortable allowing strangers call , shes in her seventies


  • Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭wench


    Some charities such as Age Action will collect household goods/furniture for resale, and might be an option.
    https://www.ageaction.ie/how-you-can-help/charity-shops/collection-service


  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    Mad_maxx wrote: »
    i live a hundred miles from her and i dont think she,d be comfortable allowing strangers call , shes in her seventies

    No offence but hundreds of miles is a 2 hour drive.

    Personally I'd be driving to organise things, especially for a women of that age.


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  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Ask the buyer what they'd prefer, we were asked if we wanted to keep the appliances and we were delighted to get them, otherwise we'd have had to quickly buy ones that wouldn't have suited us long term.


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    listermint wrote: »

    Personally I'd be driving to organise things, especially for a women of that age.

    A person of 70-something us well capable if phoning Ahmed Actio, VdP, or whatever other charity is in the area.


    OP, vacant possession simply means without tenants.


  • Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    listermint wrote: »
    No offence but hundreds of miles is a 2 hour drive.

    Personally I'd be driving to organise things, especially for a women of that age.

    Fast driving is that and there are covid - 19 restrictions just now in some places? Maybe his mother is, like me at that age, independent


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    If I'm correct, the standard contract requires such things to be removed and if they aren't, the vendor can be billed for their removal.


  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    listermint wrote: »
    No offence but hundreds of miles is a 2 hour drive.

    Personally I'd be driving to organise things, especially for a women of that age.

    not easy make a four and a half hour round trip to meet free stuff collectors who might not even snap them up , could involve several visits to get rid of everything , usually in the evening one imagines , would then need to return home that night , work following day etc


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  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    A person of 70-something us well capable if phoning Ahmed Actio, VdP, or whatever other charity is in the area.


    OP, vacant possession simply means without tenants.

    well then my solicitor sister needs to go back to law school :D

    granted she deals almost exclusively in family along with employment law and has never did a conveyancy job in her entire career , il tell her shes talking rubbish and tell my mother she can rest easy


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer



    OP, vacant possession simply means without tenants.

    No it doesn't, there's long established law on what vacant possession means and leaving detritus behind is not giving vacant possession. What receivers often do is put in a clause into the special conditions saying that they will not remove contents and that any content left behind are a matter for the purchaser to deal with.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    wench wrote: »
    Some charities such as Age Action will collect household goods/furniture for resale, and might be an option.
    https://www.ageaction.ie/how-you-can-help/charity-shops/collection-service

    Age Action is not collecting, their shops are all closed. In general terms, charities do not want brown furniture and nobody will touch matresses or bed bases.


  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    coylemj wrote: »
    Age Action is not collecting, their shops are all closed. In general terms, charities do not want brown furniture and nobody will touch matresses or bed bases.

    You could reduce e150 off the sale price to accommodate a skip for unwanted items to be deposited into. I agree - a clearout is a huge job Nd if too just paid a small fortune for a hiuse gou probaBly dont want someone elses discards & unwaNted junk furniture left in it. That said, it might save a lit in white goods to leave them there if they are clean and in decent condition. Fairest thing would be to ask them and arrange a skip and a man with a van to do the decent
    thing otherwise.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    That said, it might save a lit in white goods to leave them there if they are clean and in decent condition. Fairest thing would be to ask them and arrange a skip and a man with a van to do the decent
    thing otherwise.

    But this is about more than white goods, the OP's mother wants to abandon furniture and beds. Getting rid of white goods is a matter of taking them to the local recycling centre where they will typically be accepted for free. Furniture and beds are a different matter, you have to either pay commercial charges at the recycling centre or pay someone with a waste permit to take it away.

    The buyer has already viewed the house, probably more than once. If they wanted the old fridge or washing machine, they would have enquired if they could be included in the sale or simply left in situ. This would be a fairly common arrangement with integrated units. But without a prior agreement, a seller must assume that the buyer doesn't want them and expects to walk into an empty house.


  • Registered Users, Registered Users 2 Posts: 1,221 ✭✭✭wildwillow


    It is good practice to leave the house spotless. Remove everything and wash, dust and vacuum.

    If the purchasers want anything they will request them.


  • Banned (with Prison Access) Posts: 1,306 ✭✭✭bobbyy gee


    people want appliences


  • Registered Users, Registered Users 2 Posts: 1,630 ✭✭✭jrosen


    I was of the impression it means empty. TBH its pretty ****ty to leave stuff and expect someone else to pay to have it removed. Surely you could arrange something for your mum is she wasnt able to herself. There are places/people who for a charge will do the work.


  • Registered Users, Registered Users 2 Posts: 6,085 ✭✭✭Charles Babbage


    You can ask if the purchasers would like anything, depending on their situation they might. First time purchasers might, people moving from another house probably will not. But if they do not want it then it up to to you to clear it and the purchasers won't want everything.
    Or you could offer a discount for them to take everything.


  • Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    Ask the buyer do they want the stuff in the house. All it takes is a quick phone call.

    When I bought my first house, the seller left everything in the house. To be honest I was delighted. There was some crap that I had to dump and that was a bit of a pain but there was plenty of stuff that I kept too and that saved me a good few bob.

    A quick phone call might save a lot of hassle trying to get rid of everything in the house.


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  • Registered Users, Registered Users 2 Posts: 506 ✭✭✭Pistachio19


    We sold 2 houses a few years ago. Both buyers were happy to keep furniture. We also gave stuff to the local hospice charity. I know they still look for furniture, though while they collected it from us, I'm not sure if they are collecting during covid.
    First off just contact the EA and get them to contact the buyer to ask if they are interested in keeping any furniture. If so happy days, if not then ring around a few charities to see if they would accept it.


  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    spoke to buyer over the phone last saturday , he does not mind in the least if my mother leaves furniture behind , worse case scenario he said " we can get a skip "


  • Registered Users, Registered Users 2 Posts: 506 ✭✭✭Pistachio19


    Mad_maxx wrote: »
    spoke to buyer over the phone last saturday , he does not mind in the least if my mother leaves furniture behind , worse case scenario he said " we can get a skip "

    That's great. Unless it's a load of crap no doubt they will use it for a while at least. I drove past my mil's house recently which Dh sold a couple of years ago. I could see that the porch lamp was still there, curtains were the same. But the best was those stickers you put on the window to deter flies were still there too. The woman who bought the house is certainly getting value for her money :D


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer




    That's great. Unless it's a load of crap no doubt they will use it for a while at least. I drove past my mil's house recently which Dh sold a couple of years ago. I could see that the porch lamp was still there, curtains were the same. But the best was those stickers you put on the window to deter flies were still there too. The woman who bought the house is certainly getting value for her money :D

    No flies on her.


  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx




    That's great. Unless it's a load of crap no doubt they will use it for a while at least. I drove past my mil's house recently which Dh sold a couple of years ago. I could see that the porch lamp was still there, curtains were the same. But the best was those stickers you put on the window to deter flies were still there too. The woman who bought the house is certainly getting value for her money :D

    Buyer has a business not too far away which employs several Eastern Europeans ,he might house them in the house and see the furniture as adequate


  • Registered Users, Registered Users 2 Posts: 506 ✭✭✭Pistachio19


    Mad_maxx wrote: »
    Buyer has a business not too far away which employs several Eastern Europeans ,he might house them in the house and see the furniture as adequate

    If that's his plan then the furniture is an added bonus for him. The other house we sold (my parents) has been rented out since. We left furniture too so I'm sure it's still on the go. Given that the net curtains haven't been washed in the years since we sold it, I doubt our buyer was too fussy about the furniture :rolleyes: I sometimes feel like knocking on the door to see if the house is being maintained to my deceased mothers standard :D


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