Current owners of our new house (under contract) have stopped picking up after their dog.

[Anonymous]

There is a "trash and debris" clause in the contract and I am pretty sure a yard covered in shit would be included in that. The property is supposed to be handed over without excess trash or debris... sellers can't just leave stuff they don't want to bring with them behind and moldy food in the refridgerator.

But you may be wise to bring it up gently before your final walk through - let your agent know that if the yard looks like that on walk through you will be discussing it at closing.

[Anonymous]

OP, you say you have a dog. Where is it taking a dump such that no other human has to come into contact with that spot?

Hopefully the owners will do one last clean up before you take possession. I know you're worried about the "traces" of what's left behind but the reality is that every single lawn, green space, and outdoor area has been shat upon by birds, squirrels, etc., whether you see it or not. Are you worried about that?

On a practical level, if you take possession of the yard and it's still covered with poo, you can hire a poo pick up service for a clean up. I think that's about the best you can do. What else can you imagine doing? Spraying the whole yard with bleach? Setting off a thermonuclear weapon? What method can you imagine using that would eliminate the problem you worry about without also harming everyone else around?

[Anonymous]

Anonymous wrote:OP here. I don't want to ask them to do anything, I feel like the damage (or mess) is done. I know it may seem like a weird question, but is the yard "contaminated" in a way that rain won't fix? I swear I'm not crazy about cleanliness, but fecal bacteria is no joke. How long it live on a surface? I'm going to google this. I mean, would you scoop up a pile of dog shit and then immediately set your baby down in that spot? See my point here?

http://www.doodycalls.com/resources_toxic_dog_waste.asp

I would also worry about the inside of the house, if this is what they do in their backyard.

[Anonymous]

For argument's sake, here's the actual language in the Regional Sales Contract (keeping in mind that the OP might have a different contract for her house) regarding this issue:

"Seller will deliver the Property in substantially the same condition as on the Contract Date and broom clean with all trash and debris removed."

[Anonymous]

OP, if the yard gets sun, that will help kill any bacteria. The owners will probably clean up before settlement, but if they don't, clean it yourself or get a service, and after a good rain and sun any remnants will go away.

[Anonymous]

Anonymous wrote:Maybe its a huge raccoon pooping everywhere?

I love you.

[Anonymous]

Anonymous wrote:For argument's sake, here's the actual language in the Regional Sales Contract (keeping in mind that the OP might have a different contract for her house) regarding this issue:

"Seller will deliver the Property in substantially the same condition as on the Contract Date and broom clean with all trash and debris removed."

what is the definition of "Property"?

[Anonymous]

What about jizz, OP? Will you be using a UV light source to detect any jizz that might be on the walls? In the bedroom? In the bathroom? Because you should just do a complete tear-down if dog poop in the yard from previous owners creeps you out. There is waaaay worse stuff on surfaces.

[Anonymous]

Yes, OP, it's gross. But honestly, it's probably no more bacteria-ridden than the average swing or slide at your neighborhood park. I'd just call a landscaping company to clean up the yard and wait a couple of weeks before letting my kids play out there. If this is the biggest issue of your move, consider yourself lucky.

[Anonymous]

OP I hope you don't do a lot of gardening - did you know a lot of the mulch out there is COW shit? On your flowers!!!!

[Anonymous]

Are you the poster with the thread about the "grossness" of moving into a "used" house?

If so, get a grip on yourself, OP, and get thee to therapy, pronto.

I've got a dog and a bunch of kids, and I let them out in the yard all together. Does the dog poop? You bet. Do the kids play near his poop? Oh, I'm thinking yes. But I've seen piles of bunny poop (yes those cute little animals poop too!) in the yard where my kids play. I don't lose sleep over any of this. I pick up the dog's poop when I get around to it. It's usually so dried out in a few days that it disappears into the lawn. What do you think natural fertilizer is made of, OP?

[Anonymous]

Biologist here: E Coli can persist for 2 months in soil under humid conditions.

You need to scoop most of it out, and hope for a dry spell - dehydration and direct sunlight will hasten the process.

Your best protection is washing your children's hands after outdoor play.

Anonymous wrote:Maybe the owners are sneaking out in the middle of the night shitting everywhere bc your inspector missed the plumbing problem

Best response so far! You win a poo prize.

[Anonymous]

Odds are good that they will clean it up before you move in. I'm moving out of my house in a week. I don't have a dog, so I don't have the feces issue, but the house sure isn't as clean as it was during showings. It'll be spotless for the walk-through, but if they were to walk through this week, they'd probably think "whoa, what happened here?" (I'm not a slob, but I have packing and a million other things to do, so keeping the house "company clean" is not on my to-do list this week.)

Good luck!!

[Anonymous]

Anonymous wrote:Talk to your closing attorney or realtor and have them communicate this to their closing attorney or realtor. Go the route of 'ask nicely' first.

Legally, I'm no lawyer, but you can't destroy a house between contract and settlement and expect no ramifications. The home inspection should clearly outline the state of the backyard; if it has changed, then I'm pretty sure you can require them to fix it before closing. But that's why I recommend going through your closing attorney (although the realtor route might be better in order to reach their realtor). The realtors want their $$$...they are more motivated to make sure closing happens quickly, without an 'incident'.

I am a real estate lawyer. First off, it is not remotely the closing attorney's job. Second, please remember that the buyer is not entitled to visit the property unless specifically spelled out in the property (ie home inspection). The seller is required to deliver the property free of debris and broom swept (but they don't have to keep it that way beforehand). Likely this is how they always lived; they just cleaned it up before putting it on the market. Don't worry about it. You have a final walk through and if it is an issue you can deal with it then.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Talk to your closing attorney or realtor and have them communicate this to their closing attorney or realtor. Go the route of 'ask nicely' first.

Legally, I'm no lawyer, but you can't destroy a house between contract and settlement and expect no ramifications. The home inspection should clearly outline the state of the backyard; if it has changed, then I'm pretty sure you can require them to fix it before closing. But that's why I recommend going through your closing attorney (although the realtor route might be better in order to reach their realtor). The realtors want their $$$...they are more motivated to make sure closing happens quickly, without an 'incident'.

I am a real estate lawyer. First off, it is not remotely the closing attorney's job. Second, please remember that the buyer is not entitled to visit the property unless specifically spelled out in the property (ie home inspection). The seller is required to deliver the property free of debris and broom swept (but they don't have to keep it that way beforehand). Likely this is how they always lived; they just cleaned it up before putting it on the market. Don't worry about it. You have a final walk through and if it is an issue you can deal with it then.

the interior of the property has to be delivered broom-swept, not the yard, and dog poo is certainly not considered debris.