Is the seller of a house required to clean it before they move out?

Question

We are purchasing an existing house and did our final walk through before closing. The house was a mess and in need of cleaning and removal of existing "furniture". Is the owner required to clean the house before we move in or will that be our responsibility?

Answer 1

Nothing is required unless it’s part of your written purchase agreement.  

However, you cam ask for some rectification if you haven’t yet closed & the home’s condition at the final walk though varied from the condition when you agreed to purchase it. If this is the case, tell your agent you want it returned to the condition it was when you signed the purchase agreement before you’re willing to close.  

If the house was a mess then, however, you really can’t argue there’s anything wrong.  The point of a final walk through is to make sure the house you agreed to buy is the house you’re buying – as in the dining room light fixture didn’t suddenly get switched or someone didn’t knock a hole in the wall moving furniture.

If you’ve already closed, there’s no recourse because at closing you said you accepted the house’s condition.  

Answer 2

The same thing happened to us on our walk through, it was a divorce situation and neither party cleaned up, in fact the wife made even more of a mess on purpose.  We went to closing, but of course they were not there, their lawyer was.  They wrote in that if the garbage men would not take the trash they had to pay us to dispose of it, but we had to clean it.  We were really mad, but did not want to hold up the closing for it.  Do you have a lawyer?  In NJ we were pretty much required to have one (not law, but standard practice), but in IN we did not. Have them write a provision about crediting you $300-$500 for clean up.

Answer 3

This is something that is legally, not in the contract and it's a big, huge pain when a seller leaves it a mess.

The next time you buy a house, stipulate in the contract that "all debris, furniture and trash must be removed and the home must be 'broom clean'"

In other words, they shouldn't have to wash the windows or clean out the cabinets, but you shouldn't have to clear everything out on top of it.

People just assume that when they buy a house, it will be cleaned out, but technically, the contract doesn't say it has to be.

PS:  Folks, the purpose of the walk through is to check for DAMAGES, not cleanliness, and you cannot legally refuse to close because of it or you will be in breech.

If you want the place clean, when you make the offer, stipulate it in the contract.  This is why when a buyer purchases a foreclosure, lenders require INTERIOR photos of the home...b/c these are the ones most often trashed.

A buyer can kick, scream, make threats, but at the end of the day, what is in the CONTRACT is what rules, and you won't read a single line in a standard contract that the property has to be clean and all debris/rubbish removed.

Answer 4

i don't think they have to clean it but they should... i would still get it cleaned by  professionals anyway to make sure its clean like new. basically a very through cleaning.

Answer 5

Cleaning can be subjective. As for any furniture, talk with your Realtor about anything left behind.  Don't take upon yourselves to dispose of anything left. Seller could come back and sue you.  

Answer 6

I presume you did your walk through and then closed the purchase, which was a goodly sized error on your part.  The time to bring this situation up was BEFORE closing.  If the house is not in suitable condition at your walk through, you have two options.  You can refuse to close based upon the condition of the property, or you can close holding monies in escrow until the sellers clear the situation.

Now that you have closed, you have basically accepted the property in its current condition.  Start cleaning.

Answer 7

if it wasn't in the contract, then you probably can't do anything other than not go thru with the purchase, although you would lose your deposit money and probably have to pay for other charges also

Answer 8

Now a day many of the houses are selling "as is" condition. Except it's a bank owned "as is", I think the seller still has to keep it in a clean and sanitary condition before hand over the key to the new owner.  

If you did not satisfy with the condition of the house at walk through, you should bring it up and request the seller to clean it right away before closing the loan. After you signed off the loan and everything settled and done deal, whatever the trashes in the house is yours.

Answer 9

it usually needs to be in the contract, but if you tel your RE agent that you are not happy with the state of the house and would like it professionally cleaned before you will close, most real estates will help get sorted to close the sale.

In this economic cimate no one wants to lose a sale over a dirty house, not the sellers,, nor the real estate agent.

no need to get upset though, be calm but firm.  

Answer 10

Talk to your real estate agent.  Tell him or her that you do not believe the house is in appropriate condition and that you want it cleaned before proceeding to closing.  That is what the walk-through is for.