Q: What constitutes “broom-clean” condition? I represent a buyer who has expressed concern that the seller plans to leave their furniture behind. The furniture has not been made part of the deal. Is the seller in compliance with the contract if furniture is left behind?
A: No, if a seller leaves furniture in the home that is not part of the transaction, that does not qualify as “broom-clean” condition. Paragraph 16(e) of the Virginia REALTORS® standard purchase contract requires that the property be left in broom-clean condition.
Broom-clean condition requires that the home is left in condition such that the new owners can move in without cleaning out belongings of the previous owner. Broom-clean condition does not require that the home be professionally cleaned, but it should be free of trash, furniture, clothing, home improvement materials (for example, paint, tools, etc.), or any other personal property that was not explicitly made part of the sale of the home. Personal property can be made part of the sale by using Virginia REALTORS® form 1200 – Agreement for the Sale of Personal Property.
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