Clean the Workbench

Dear Pat
We are closing the sale of our house soon, so we’re busy clearing and cleaning.  But the garage and the basement are a problem for us: we were told that everything not attached must be removed, but what about the heavy old workbench in the basement?  Also, there are dusty old boards and other materials in the garage rafters that were left for us when we moved in.  Can’t we just pass this stuff along?
    -- Trying to be Reasonable


Dear Trying,
The official answer is: sorry, no—at least not without the buyer’s permission.  The purchase agreement requires all personal (loosely defined as “unattached”) property and debris to be removed before closing, and the buyers have the power to make you do just that—right down to the last rusting smiley-face button.  If the buyer’s walk-through inspection prior to closing reveals any unwanted stuff that has been left for them, they can refuse to close; or they can require you to leave enough money in escrow to pay for removal.  Many sellers have, in fact, left the closing table with proceeds checks smaller by $100-$500 because they ignore—or were ignorant of—this stipulation in the purchase agreement. 

But your question about the workbench actually touches upon an area of customary divergence from the purchase agreement.  A workbench (or substantial basement shelving) is something of a special situation: often it can be left for the buyers without complaint, unless it’s too wobbly, or greasy, or otherwise crummy and undesirable, in which case you’ll soon hear from them!  And check to see if that stuff in the garage rafters happens to be original millwork or fixtures removed from the house as a result of remodeling.  Such original materials customarily pass from owner to owner, waiting for a restoration, I suppose.  So you may have a little wiggle-room, but by all means check with the buyers in advance to be sure.  It’s not worth the bad will—and the expense—if you’re wrong.