When you are about to move into your new home, the house should be delivered to you completely empty unless other arrangements have been made. But what if the house is not empty at the time of transfer? Unfortunately, this still happens sometimes. In this blog you can read what your rights are, what steps you can take against this and how you can still make a good start in your new home.
Property not empty at final inspection
The final inspection is the time to check that the home is delivered in the agreed-upon condition. Is the home not empty? Then the seller is not fulfilling the obligations of the agreement. This can have unpleasant consequences. Especially if you have already planned a moving day or even hired a moving company. Often the final inspection is scheduled very shortly or even immediately after the transfer, so this can lead to a lot of stress.
Look carefully at the purchase agreement
The purchase agreement usually states that the property must be delivered “free of rent, use and occupancy” and “empty and vacated. Check this carefully in advance. If this is in the agreement, you have a strong legal starting point. In some cases, this is still missing or not clearly defined.
Therefore, be sure to review the agreement and any additional agreements carefully. If in doubt, seek legal advice through a real estate agent or at the legal desk.
To accept or not to accept
As a buyer, you always have the choice to accept or reject the property in its current condition.
- Do you not accept it? Then you may refuse the key transfer. The notary can then postpone the transfer until the problem is resolved. So this does almost always cause delays.
- Do you accept it? Then it is important to make clear agreements about how and when the house will still be vacated and who is responsible for this. You can also agree on additional costs or compensation.
Other options
Are you unable to come to an immediate agreement with the seller? Fortunately, there are several ways to still resolve the problem.
Postponement
If both parties agree, you can delay the transfer. This gives the seller extra time to deliver the property empty. Always agree on a clear deadline and have this recorded in an agreement. It is best to have a notary do this.
Agree on a fee and solve it yourself
Don’t want a hassle in this and have it resolved quickly? Then you can choose to clear the house yourself and ask the seller for compensation. For example, you can have the seller pay for a bulky dumpster on the street where you can deposit all the items left behind.
Call in evacuation service
You can also choose to hire a professional house clearance service. This means you won’t have to do anything yourself and the house clearance company will remove all the items left behind. You can try to agree to have the seller pay the cost of the evictee.
At JHC House Clearance, we take care of an empty house quickly and neatly, so you can continue decorating or remodeling. The costs for a house clearance are on average between €500 and €1,500. But it depends on the size and condition of the house. You can ask us for a free quote with a fixed price.
Putting the seller in default
If the seller does not comply and refuses to take action, you can officially declare him in default. This means stating in writing that the seller has broken the rules and that he must still deliver what was agreed upon within a reasonable period of time. Ideally, have this done through a lawyer or your real estate agent. If the seller does nothing after that either, you can claim damages or dissolve the sale.
Items left behind without permission
It is common for sellers to leave boxes, furniture or even old items in the home without discussing this. This is not allowed if the purchase agreement states that the home must be empty upon transfer.
In practice, we see this happening out of convenience or time constraints, but it is still the seller’s responsibility to deliver the property empty. Therefore, as a buyer, you do not have to accept these items.
Please note: if you throw away the items yourself without consultation or without recording this, you can be held liable. Therefore, always first record what was left behind, take pictures of it and discuss with the notary or seller what the next steps are.
