Seller refusing to remove 'trash' before closing on warehouse.
I'm getting very close to closing on a warehouse. However, the seller is refusing to remove numerous items he agreed to remove before a closing date. This includes about 75 tires, oil storage containers, etc. He, however, plans to remove the valuable items like his car hoists, tools, compressors etc. and leave me with the junk.

What would you recommend I do?
[{"id": "gswx78d", "text": "I would get a quote on having it all taken care of and ask for a credit for that amount.", "replies": [{"id": "gswya7b", "text": "Yup. Your sale agreement hopefully says the warehouse should be delivered in broom clean condition. If they won\u2019t clean it you should get a credit for the amount", "replies": [{"id": "gsx0kow", "text": "It doesn't say broom clean but it does say all personal items must be removed.", "replies": [{"id": "gsx6ql6", "text": "I\u2019m a lawyer, not your lawyer. Is it personal items or personal property? Form contract or custom?", "replies": [{"id": "gsx7h5n", "text": "it says remove all possessions from property prior to closing. It is a form contract.", "replies": [{"id": "gsxaomh", "text": "There shouldn\u2019t be any ambiguity that he has to remove. If you get a quote to amend be sure he agrees to sign the waste profile and certs if you remove anything yourself.", "replies": [], "depth": 6}, {"id": "gsxcw9o", "text": "I think what you want to know is whether he is \"required\" to remove his stuff before closing.  The answer to that is yes, from what you've said about the purchase agreement.  Unfortunately it sounds like he does not want to do it.  You should remind him that you could walk away from the purchase over this and he will then be left covering additional months of mortgage/taxes/insurance/utilities while he waits for someone else to buy the place.  Those new buyers will want his shit out too.  So it's in his best interest to just take care of it.\n\nIf he absolutely refuses to get rid of his shit, you have a couple choices.  You can refuse to close until he does.  You can ask him to sign an agreement to pay your cost to remove the stuff.  If you go that route, have the title company escrow $20,000 (or whatever amount) from his closing funds to cover what it may cost you.  Once it's done he will receive the excess escrowed funds.\n\nIf refuses all options to remove or pay for the removal, your choices are close anyway and eat the cost, or sue to make him uphold his end.  Suing won't likely be a good financial option, so realistically, if he absolutely refuses to get rid of his stuff, your choice is to eat it or walk away from the purchase.\n\nCar fixing people get rid of old tires and their waste oil all the time.  It may not be drastically expensive.  It could be that this person just doesn't know who to call or how to get rid of it.  You could offer to help him locate the companies who specialize in removing those items.\n\nAnyway, good luck.  These things happen often.  If it's a great deal it might be worth just paying to dispose on your own.  Sorry you're having to deal with it though.", "replies": [], "depth": 6}], "depth": 5}], "depth": 4}], "depth": 3}, {"id": "gt3u98u", "text": "yep-   if your sale agreement didn't have it.  you're S.O.L.  you can't enforce anything if it's not in the agreement.\n\nAnother solution. Post an ad \"FREE stuff stop by and  pick it up\"", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gswyn7n", "text": "If it's in writing and in the deal, and he refuses to do it, once you take possession document it all, including exchanges etc, when he continues to refuse, have it done, then sue him for the costs involved, plus overages in time lost having to deal with it.", "replies": [{"id": "gsx2tkc", "text": "Sounds like lawyer fees.\nI'd just back out and point to the conditions clause. If he still doesn't budge then he's an asshole and you could try sueing, but the legal fees will likely be significantly higher than the removal costs", "replies": [], "depth": 2}, {"id": "gsx57qu", "text": "Yeah, I wouldn\u2019t recommend closing on the deal and then worrying about it. Now is the time get him to clean it or you get your credit for it to be removed. Do you really want to spend months or years trying to recover the amount by a lawsuit? Let\u2019s not forget the aggregation and time you\u2019ll be spent on it.", "replies": [], "depth": 2}, {"id": "gsxxsm0", "text": "Well there's proof that the buyer knows about the issue.  Going to be a tough for the buyer to recover anything if he knew about the issue and still went forward with the sale.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gsx34br", "text": "Don\u2019t close on it until their crap is gone. Why would you do anything else?", "replies": [{"id": "gsx6nci", "text": "This. Don\u2019t close because seller is in breach. You\u2019re waiving that seller obligation.", "replies": [{"id": "gsyl20w", "text": "That's not a pretty sight.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gsx4tie", "text": "Tires and old oil drums may be considered hazardous/specialty waste. Just saying. \n\nI would insist on them being removed prior to close as the property owner bears responsibility for making sure they are properly handled and disposed of. \n\nThere is probably a reason why he doesn\u2019t want to do it (likely cost/hassle)", "replies": [], "depth": 1}, {"id": "gsx6ql1", "text": "Do an escrow holdback for approximately double the cost to clean all his junk. Then you can get the cost to clean it up out of the holdback before he gets the money.", "replies": [], "depth": 1}, {"id": "gsx8qte", "text": " If you close with the trash in there you've waived the condition and are sol. You can refuse to close if they haven't fulfilled their closing conditions. Note - I'm not your attorney and don't know the specifics of your contract. Talk to a lawyer in your jurisdiction.", "replies": [], "depth": 1}, {"id": "gsxjzy7", "text": "You can cave, or you can hold up the closing until a deal is reached. Getting anything done after COE is almost impossible.", "replies": [], "depth": 1}, {"id": "gsxmrq1", "text": "Just curious. Did you do a Phase I environmental?", "replies": [{"id": "gsxpqss", "text": "Yes and it passed", "replies": [{"id": "gsxqm63", "text": "That\u2019s good. Would be the biggest issue if not. It is a pain and a time suck to recoup money after the transaction. You should discuss with your attorney, but park the bus and commit to making it an issue prior to closing if you don\u2019t want to pay to remove it yourself.", "replies": [{"id": "gsxtp55", "text": "I don\u2019t think he has an attorney TBH. That\u2019s why a lot of people post on here.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gsxt04w", "text": "On closing day, if it's still there hold back 10k in escrow. Pay to remove it yourself and then deduct whatever the cost was to remove the trash and properly dispose it from the 10k. Seller gets whatever is left over. Seller won't like it but if you spring it on him when he's expecting a fat check he'll be more likely to go along with it than if you tell him now.", "replies": [], "depth": 1}, {"id": "gsydwsm", "text": "On top of all the advice you have here. Are you getting a good deal. Sometimes, when I'm getting a good deal, I'll eat a little bit of crap from the seller just to keep pushing the deal through.\n\nOf course its case by case.", "replies": [], "depth": 1}, {"id": "gsygady", "text": "There is a reason he is not removing tires and oil containers.  Those are costly to store or dispose of.  If the Seller does not remove the items advise him the settlement will be postponed until they are.  \n\nParticularly with oil containers, you do not want to be responsible for them.  He's trying to transfer ownership of them to you.  Stand your ground.  Do not got o settlement.  He will move them.", "replies": [], "depth": 1}, {"id": "gsyifqh", "text": "Pro Tip: keep it and sell it.", "replies": [{"id": "gt43zw6", "text": "Sell what?\n\n&gt; 75 tires, oil storage containers, etc.\n\nNot only can probably you not sell it, but getting rid of it is even hard. Oil containers needs special cleaning and god knows what other hazardous garbage is left. I would not want to be responsible for deposing that stuff if possible.", "replies": [{"id": "gt538i5", "text": "There are suckers to buy everything on fb mkt eBay etc.  I get your point though, it\u2019s junk. Call local junk yards.", "replies": [{"id": "gt58mkp", "text": "Around here, it's so hard to get rid of tires (and old TVs), people dump it behind other people's houses or on side of roads.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gsykxjt", "text": "Delay closing until the work is complete.", "replies": [], "depth": 1}, {"id": "gsz8w2j", "text": "In addition to what everyone said, try to get the seller's broker to talk some sense into him.", "replies": [], "depth": 1}, {"id": "gsz9ydt", "text": "What\u2019s the purchase price and how is the price relative to market? Tires aren\u2019t expensive to dump, heck in okay condition you can probably get the recycling guys to pick up up for free. Oil storage scares me a bit more.", "replies": [], "depth": 1}, {"id": "gt1zlmc", "text": "Ah, the beauty of real estate transactions. If you really want the deal to go through and the seller doesn\u2019t really care, you will still close and he can save by not cleaning up. A real estate contract is a piece of paper. Many ways out of one. Difficult to enforce.", "replies": [], "depth": 1}]