Buying a farm...reality check please

Minelson · #1 07/07/09, 06:49 PM

We are purchasing a farm and I need to know if my expectations are too high before I blow a gasket. There are several outbuildings and barns. All of them are full of junk. old fencing, broken lawn mowers, tractor pieces, broken sinks, pipes, wood, tables, chairs, tires...I could go on and on. All junk. When we put the offer in we asked that all personal property be removed. The owners took a long weekend just to clean out junk. Well, we had the inspection tonight and it didn't look any different. To me it looks like it would take a crew of people, several days and a few huge dumpsters to get the job done. The closing is July 31st. So here is my question...am I asking too much to have all this removed from the property? Or is it the normal practice to leave your junk behind when you sell an old farm property?

insocal · #2 07/07/09, 07:03 PM

Sounds like you might have a lot of scrap metal there that you could sell.......

One man's trash is another man's treasure. There might be some good usable or fixable stuff in there..........and a lot of it sounds burnable, if nothing else.

NorCalChicks · #3 07/07/09, 07:08 PM

I am absolutely no authority on this...however, it seems to me if they agreed to do the clean-up as part of the sales agreement then they should be held to it or make some sort of financial restitution so you can have it done.
Did the clean-up specifically include the junk inside the outbuildings?
GOOD LUCK, sure hope it works out for you in the end!

Pink_Carnation · #4 07/07/09, 07:22 PM

They would only need to have cleared it out by the time you take possesion. If they agreed to it in the contract you would be able to bill them for removal if the stuff is not removed when you move in. Check with the agent or lawyer that you are working with on what the rules are.

hillbillly · #5 07/07/09, 07:24 PM

i'd keep the stuff and sort it out,
bet there's more salvage to be had
-like tractor pieces-
than the cost to haul it off.

kritter8888 · #6 07/07/09, 07:34 PM

I was looking to buy an old farm with a LOT of junk (deal fell through) but hidden in that junk back in a back corner was an antique wheat grinder online value around $1,000. Another thing is that some of that junk might be farm junk and useful around the farm. If its not worth the hassle then if its specifed they have to clean it out by possesion time, remember if you fight it the whole deal maybe postponed so how bad do you really want to move in? Best of luck and oh yeah I am very Jeleous a farm in SD my dream!

April · #7 07/07/09, 07:43 PM

I think leftover junk would be great! We've built lots of things out of the various junk piles that were left here when we moved in!

Common Tator · #8 07/07/09, 07:44 PM

Check with the local dump. Here, they charge you $15.00 per pickup load at our local dump. If they leave it, you shouldn't be responsible for their failure to perform. Sounds like they are overwhelmed. And it sounds like the structures are unusable until cleaned out.

FarmboyBill · #9 07/07/09, 08:02 PM

Here, we have a sale I go to, especially now, when its raining LOL. and everything and anything will be seen there, and alot of it IS junk. What isnt picked up Monday at 5, they hire a guy to come in and clean up the grounds as its in a pasture, and he keeps whatever he wants and junks the rest. Scrap iron is worth money of some value. AND like was said, bet theres several things in there that you can use if u think about it.

Minelson · #10 07/07/09, 08:10 PM

Quote:

Originally Posted by Common Tator

And it sounds like the structures are unusable until cleaned out.

You hit the nail on the head. What is most important to me is the safety and well being of my critters that will be living outside. Nothing...no possible hidden treasures or useful items out weighs this. I will be talking with the realtor but I need some feedback because I never purchased this type of property and didn't want to come off as a fanatical, picky buyer. I certainly don't want to blow the deal. The house is perfect....the potential is awesome. I don't want my dh cleaning up junk when he needs to be putting up fencing! And getting water to the barn, installing my computer!

starjj · #11 07/07/09, 08:35 PM

Make sure they clean it out. That was one thing I learned when I bought my place.

If they say they left some trash count on it being trash you don't want

RosewoodfarmVA · #12 07/07/09, 09:14 PM

You are worried about the safety of your animals "outside" while the stuff is "inside" where no animal should be. We bought a farm that was in the family since the 40s and had been farmed all those years. We 'inherited' gobs of junk, but after sorting through it found so many neat things and old style farming stuff, along with boxes of old Farm Journal and other farming mags from the 60s and 70s, and lots of useful parts and tools. Sure there was trash, but it was worth a couple trips to the dump to get all that really neat stuff. A 'packrat' couple living in the same place for 60 years with so many outbuildings to fill up.... In one barn there was hanging from the ceiling probably 500 plastic milk jugs tied together in bundles with string. I thought "what were they thinking" but after asking them they used to start their own tobacco sets instead of buying them, and they cut the bottoms off the jugs and used them as mini greenhouses over the tobacco plants. There's a use for everything if you look far enough! One shed had hundreds of good canning jars buried under old magazines and other stuff...cleaned them up and have been using those jars ever since!

I do feel sorry for whoever lives here after I'm gone as there will be more stuff then there ever has been! Buy the place with the stuff, take your time and go through every box and bin of it, you'll be glad you did not only for all the useful items you'll find but also because old-timers had so many neat little 'inventions' to fix whatever problem they had. It's neat to see what things they came up with to solve problems instead of running off to the local Tractor Supply!

buckeyefarms · #13 07/07/09, 09:19 PM

I just went through a very similar situation last year when we bought our house. It's an old farmhouse on 11 acres, with 2 large pastures that were being cut for hay. The seller's brother-in-law leased the property and had equipment and round bales stored here. Roughly 60 round bales & a disc/cultipacker/manure spreader.

Anyways, here is what I have found out. We took possession of the property in August 08. All items were to be removed by this time. However, we took possession and all the round bales/equipment were still here. Seller told me his brother-in-law wasn't very reliable and he would "try" to get a hold of him and have him remove everything. Well, long story short, after talking with the BIL over the course of several months and getting nowhere, he finally came in Feb 09 to remove 3/4 of the hay bales. It then took him until May 09 to get his equipment. Here we are in July 09, almost 1 year since we took possession, and he still has 8 hay bales left on our property.

I have spoken with my realtor on many occassions regarding this matter and here is what I found out about the laws regarding this in my state. First, I would have to hire a lawyer. Then, I would need to to file a claim against the seller (not his equipment, remember) for a breach of contract. I would then have to take the seller to court and have a judgment filed against him. Then he could be fined/have x number of days to remove hay/or he could go after his BIL.

Well, needless to say, I didn't have the money to hire a lawyer and I certainly didn't feel like dragging this through the court system and end up paying a large amount in attorney's fees. So, the hay bales are still here. I have spoken with the BIL each time he has been here to get something and he always tells me he will get them shortly. Well, he hasn't yet. And the funny thing is, he is baling the field beside our property. He started today, I spoke with him and got the same run around.

So, at least for me, it was going to cost me money to have someone remove what was left behind since we moved in. This certainly shows you what can happen if things aren't removed immediately, even if they are in the contract. It was in our contract, but that didn't help us. Just something to think about. I would say from my experience, that if all the junk is still there the day you take possession, it will be yours to deal with. In my situation though, I found out that I couldn't just get rid of the hay bales, because I could face legal recourse from the BIL. I can't wait until I am finally done with the BIL. I have no use for him and I have found out from my neighbors that they feel the same way.

cowcreekgeeks · #14 07/07/09, 09:27 PM

Stall closing until your offer (a contract if they signed it) is met. Of course I'm not a lawyer...but remember it's not yours until the money is handed over. You're the buyer so you get to say what stays and what goes. You can always take your ball and go home! I wish I would have been tougher on the sellers when we bought this place. It seems that every time I put a spade in the ground, I'm digging up trash.

There was a log cabin here that was burned then dozed over to make room for our house. Found out after we've lived here for almost a year. Hey! I have a neat old bottle collection now!

RosewoodfarmVA · #15 07/07/09, 09:28 PM

Quote:

Originally Posted by buckeyefarms

I just went through a very similar situation last year when we bought our house. It's an old farmhouse on 11 acres, with 2 large pastures that were being cut for hay. The seller's brother-in-law leased the property and had equipment and round bales stored here. Roughly 60 round bales & a disc/cultipacker/manure spreader.

Anyways, here is what I have found out. We took possession of the property in August 08. All items were to be removed by this time. However, we took possession and all the round bales/equipment were still here. Seller told me his brother-in-law wasn't very reliable and he would "try" to get a hold of him and have him remove everything. Well, long story short, after talking with the BIL over the course of several months and getting nowhere, he finally came in Feb 09 to remove 3/4 of the hay bales. It then took him until May 09 to get his equipment. Here we are in July 09, almost 1 year since we took possession, and he still has 8 hay bales left on our property.

I have spoken with my realtor on many occassions regarding this matter and here is what I found out about the laws regarding this in my state. First, I would have to hire a lawyer. Then, I would need to to file a claim against the seller (not his equipment, remember) for a breach of contract. I would then have to take the seller to court and have a judgment filed against him. Then he could be fined/have x number of days to remove hay/or he could go after his BIL.

Well, needless to say, I didn't have the money to hire a lawyer and I certainly didn't feel like dragging this through the court system and end up paying a large amount in attorney's fees. So, the hay bales are still here. I have spoken with the BIL each time he has been here to get something and he always tells me he will get them shortly. Well, he hasn't yet. And the funny thing is, he is baling the field beside our property. He started today, I spoke with him and got the same run around.

So, at least for me, it was going to cost me money to have someone remove what was left behind since we moved in. This certainly shows you what can happen if things aren't removed immediately, even if they are in the contract. It was in our contract, but that didn't help us. Just something to think about. I would say from my experience, that if all the junk is still there the day you take possession, it will be yours to deal with. In my situation though, I found out that I couldn't just get rid of the hay bales, because I could face legal recourse from the BIL. I can't wait until I am finally done with the BIL. I have no use for him and I have found out from my neighbors that they feel the same way.

One match will take care of that problem. "oops I guess my electric fence shorted out against the hay"

cowcreekgeeks · #16 07/07/09, 09:37 PM

Quote:

Originally Posted by buckeyefarms

So, the hay bales are still here. I have spoken with the BIL each time he has been here to get something and he always tells me he will get them shortly. Well, he hasn't yet. And the funny thing is, he is baling the field beside our property. He started today, I spoke with him and got the same run around.

BURN THE HAY!!! Smores anyone??? Or give them to a neighbor and call the BIL and thank him for finally moving them. He'll go

and you say

. Then when he goes away mad you can

behind his back.

Rocky Fields · #17 07/07/09, 09:49 PM

Hey.

If your offer had "all personal property to be removed" written in, then you have something to legally work with...read the fine print of your offer. If the property was sold "as is", then you have no legal recourse.

Junk is common on farms. Some sellers won't sell if they have to do the clean-up.

With the last property I bought that had junk, my lawyer put a clause giving the owner two weeks to dispose of the junk, or they would forfeit 1K out of their proceeds at closing if it wasn't cleaned up within the time limit.

Always use a lawyer for real estate deals...

RF

Stephen in SOKY · #18 07/07/09, 09:49 PM

I'm having visions of all the wasps and snakes you'll encounter cleaning the unusable items from those buildings if you don't make them clean it out prior to closing.

Lightning would have already struck that hay.

o&itw · #19 07/07/09, 10:10 PM

Quote:

Originally Posted by Rocky Fields

Hey.

If your offer had "all personal property to be removed" written in, then you have something to legally work with...read the fine print of your offer. If the property was sold "as is", then you have no legal recourse.

Junk is common on farms. Some sellers won't sell if they have to do the clean-up.

With the last property I bought that had junk, my lawyer put a clause giving the owner two weeks to dispose of the junk, or they would forfeit 1K out of their proceeds at closing if it wasn't cleaned up within the time limit.

Always use a lawyer for real estate deals...

RF

This is the best answer on the page. If it wan't in the contract you don't have any grounds even if you do sue. I know lawers are not cheap... but once you sign that contract you lose your "faith" money if you don't buy.

Minelson · #20 07/07/09, 10:21 PM

Quote:

Originally Posted by RosewoodfarmVA

You are worried about the safety of your animals "outside" while the stuff is "inside" where no animal should be.

My outside animals are horses/goats/cats/chickens. I need the outbuildings for shelter. Plus the goats/chickens/cats get locked up in the barn/shelter to protect them from coyotes. I used the words outside animals because I also have inside animals...meaning, they live in the house.