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Silicon Valley home sellers may find themselves exhausted by their move and wonder if they can leave trash or other debris behind when they move out.  Most of the time, San Jose area home buyers aren’t thrilled with this idea (though there are exceptions).  The main thing is this: what does the contract say?

Both the PRDS and CAR contracts do address this issue of what can be left behind.  First, here’s the CAR paragraph on this topic:

 

CAR on removal of debris at close of escrow

 

And here’s what the PRDS purchase agreement says:

 

PRDS on removal of debris at possession

 

Both of them say that debris must be removed either at the close of escrow, or if there’s a rentback, when the buyer takes possession.

That said, sometimes buyers will write into the contract that the seller is allowed to leave behind debris.  Why would they do this?  If it’s multiple offers, making the move easier on the seller may increase the odds of getting the offer accepted.  Or perhaps the buyers just really want the ‘stuff’ in the garage.  I’ve seen it happen.

Either way, if you are buying or selling a home, it’s important to read and understand your obligations and rights.  The final walk through can be an opportunity to point out debris that may be a concern, among other things.  Best to not wait until after closing, if possible, to find things for the seller to do.