When is personal property considered abandoned by the seller?
QUESTION: A buyer client of mine recently closed on a rural piece of real estate. The seller left behind several items of personal property with significant value, including a lawnmower, a tool cabinet full of tools, and a flatbed trailer. The buyer and seller did not identify any personal property in the purchase contract, and they also did not address these items in any other oral or written agreement. When these items were still on the property during the final walkthrough, I commented that if the seller left these items behind, then it would be the buyer’s lucky day!
The listing agent has now reached out, two weeks later, and asked when the seller can drop by and pick these items up. My buyer has already used the lawnmower twice! Does the buyer have to give back the personal property?
ANSWER: Yes. While the seller’s leaving the personal property behind may be a breach of the purchase contract, that act alone is not enough to show that the personal property has been abandoned in this case.
In North Carolina, two elements must be met to show that personal property has been abandoned: (1) intent to relinquish all claim to and dominion over the property; and (2) actual relinquishment of it. In your case, this means that the buyer would need to show that the seller intended to abandon the personal property, and that the seller did, in fact, relinquish it so that someone else could have it. Here, there appears to be no agreement or communication one way or the other about the seller’s intent. Since the seller has now reached out, it is clear that they did not intend to abandon the personal property.
Mere silence is not always enough to show intent and relinquishment of personal property in a real estate transaction, especially when the seller has communicated their desire retake possession of the personal property shortly after closing. However, sometimes it might be. The answer to this question will vary case to case depending on how long the seller has left the personal property behind. If there is a question about whether personal property is abandoned, and the parties cannot work it out by consent, then be sure to recommend your client seek legal counsel.
In the future, a better practice would be to tell the listing agent about the personal property if you spot it on final walkthrough, and make sure that it is removed before closing. Because unless there is an agreement otherwise, personal property left behind should be kept safely by the buyer so that it can eventually be returned to the seller.
Release Date: 05/08/2025
This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.