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Abandoned Property
How can we legally claim abandoned property left by previous homeowners?

How can we legally claim abandoned property left by previous homeowners?

Q: Can you leave stuff in your house when you sell?

Leaving items in your house when selling is generally discouraged unless agreed upon with the buyer. It's best practice to remove all personal belongings before closing to avoid complications. If you must leave items, ensure that the buyer is aware and that this is documented in the sale agreement to prevent disputes later.

Full question:

We purchased a home last October. When we moved in, we noticed the previous owners had left some property (sports memorabelia) in the home. The sellers left no forwarding address with us, so we mailed a letter to them at our address thinking maybe they forwarded their mail; they hadn't. We notified our realtor the week we moved in. We have searched the white pages online, but have not been able to find a telephone number or address for the sellers. It has been nearly ten months and we have not heard from anyone about the property. What do we need to do to legally claim the property as ours so we can give it away or sell it? I don't want to get rid of it and then have them show up and want it back, potentially putting us in a position where we would have to pay them for property they left behind nearly a year ago. The abandoned property laws I found in Oregon don't seem to cover this situation. Please let me know what the legal remedy would be to claim this property as ours.

Category: Abandoned Property
Date: 04/07/2025
State: Oregon

Answer:

I recommend contacting your local police department, as abandoned property laws can differ by area. According to Oregon law (ORS 98.352), if you hold property presumed abandoned, you must report it to the Department of State Lands. This applies to tangible and intangible property. You should attempt to communicate with the previous owners if you know their location and ensure their claim hasn't been barred by the statute of limitations. If you cannot locate them, you may need to follow local procedures for claiming abandoned property. It's important to document your efforts to find the owners before taking any further action.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if a seller leaves stuff in the house?

If a seller leaves items in the house after closing, the buyer may need to follow local laws regarding abandoned property. Generally, the buyer should attempt to contact the seller to arrange for the removal of the items. If the seller cannot be located, the buyer may have to report the items as abandoned to the appropriate local authority, which can include the police or a property management office. It's important to document all efforts to contact the seller before taking further action.

Who owns the items left behind in a house after closing?

Typically, items left behind in a house after closing may be considered abandoned property. The ownership can depend on local laws and the terms of the sale agreement. If the seller did not remove their belongings and cannot be contacted, the buyer may need to report the items as abandoned according to state law. Always check local regulations to understand your rights regarding these items.

What happens if a seller leaves something in the house?

If a seller leaves something in the house, the buyer should first try to contact the seller to resolve the issue. If the seller is unreachable, the buyer may need to follow local procedures for handling abandoned property. This often involves reporting the items to local authorities and documenting attempts to contact the seller. It's crucial to understand local laws regarding abandoned property to avoid potential disputes.

Can you leave stuff in a house when you sell it?

Generally, sellers should remove all personal belongings before closing the sale. If items are left behind, it can lead to complications for the buyer. If a seller needs to leave items, they should discuss this with the buyer and include any agreements in the sale contract. Otherwise, the buyer may have the right to claim the items as abandoned if the seller cannot be contacted.

What action should a buyer take after noticing something wrong with the property during the final walk through?

If a buyer notices something wrong during the final walkthrough, they should immediately document the issue and notify their realtor or the seller. Depending on the severity of the problem, the buyer may request repairs or negotiate a solution before closing. If the issue is significant, it may warrant delaying the closing until it is resolved. Always refer to the purchase agreement for guidance on handling such situations.