and the walk through

[MrHunters]

Originally Posted by Bronko

Ask the bank attorney to do a $1500 "holdback" until the seller or the selle'rs agent has the trash and debris removed from the premises. That house is to be in 'broom clean' condition as of the closing. Mention this to your closing attorney today prior to sitting down at the table.

definetly cant hurt.
he's supposed to be calling around 9.

[Redsoxticket]

No, it is not OK but only if you handle this situation correctly.
If the debris was in the back yard when you first viewed the property then the P&S would state "debris to be removed from back yard on or before closing" that is if you wrote up your offer accordingly.
If the debris was placed there after then you may have a case where you can say that the yard is not the same as when you first seen it. The same for the inside.

[Bronko]

You can't have a house filled with sh*t and then move it into the yard just prior to walk through. Its the spirit of the agreement that counts. That is clearly in bad faith. Mention the 'holdback,' you are well within your rights to ask for money to be held until the debris is cleared away. I know I would allow it as the bank attorney if the owner simply moved the stuff cluttering the interior into the yard.

The holdback gives the sellers a little impetus to get the crap out of there so they can get their cash.