You can't take your treeYou may think that this is obvious and that the topic doesn't deserve the time it's taking to write this post.  I certainly would have agreed with you before last Thursday.

I scheduled a final walk-through for my client on Wednesday as we were scheduled to close escrow on Thursday morning.  I had commented to a colleague that this had been a smooth escrow and darn it, I didn't knock on wood.

Wednesday's walk through had a few minor events, which I won't bore you with.  My buyer asked for a price reduction to cover items that were not taken care of as agreed.  We also asked for another walk-through the next day to see if the heater worked after having the oil tank filled the next morning.

The next evening, we went back for the final, final walk-through as we had to close sometime on Friday or be in jeopardy of losing the transaction altogether due to other issues.

The heater indeed worked, the seller's said no to the price reduction to cover the other items, my buyer was considering his options, including letting the home go, when he noticed a pile of tree limbs in the yard and pointed it out to me.  We went outside to investigate and the very large Redwood tree that was standing in the yard the day before was gone.

How does a tree over three feet across disappear over night?  Where did it go?  How did it get there?  Who took it?  These are all questions my buyer and I felt needed to be answered before moving forward. 

I immediately put in a call to my office manager and asked him, "What do you do when this happens to your buyer"?  How strange?  He has never had that happen.  In fact, no one in our office has ever had that happen.  In fact, has anyone in AR land ever had that happen?

Trees are considered real property and have to stay with the home. 

Agents - Tell your clients that they can not take their trees with them when they move.  Don't take it for granted they know that. 

Sellers - Trees stay with the property.  You can not remove them unless it's agreed to in the purchase agreement.

Buyers - If the tree was there when you wrote the contract, it should be there when you close escrow.

Some of the buyers questions were answered and yes, escrow closed.  I learned A LOT from this transaction.

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Post is included in group: You've GOT to be kidding

12 Comments on Trees, You Can't Take Them With You

OCT
02
2007
1 Featured Post Hit Router

Fran,

Did the selling agent know or find out when you called him/her?  I assume that never closed.  wow what a story! 

 

3:01pm • #1
231,237 Points 64 Featured Posts Outside Blog
I always heard the rule was "if it's attached, it stays."  Trees are pretty well "attached", aren't they?  Wow, this one was interesting!!
3:09pm • #2

Your blog had me momentarily speechless.  Wow.  This is something I have never experienced.  Every agent should know about this!

 

3:23pm • #3
582,481 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router
I rated this a five, do you know why ? I have never heard of this happening, unless it was negotiated in the contract.
4:03pm • #4
616,763 Points 244 Featured Posts Localism Sponsor Outside Blog
Fran I have had trees disappear before a closing but nothing this size. Usually just small fruit trees. The worst I had was a termite inspector that felt he needed to remove ALL of the shrubbery from across the front of the house....so he did. Must have been about 30 bushes. Just dug them up and threw them to the curb!!! Needless to say the seller was irate and the termite guy had to hire a landscaper to replace them before closing.
6:19pm • #5
Outside Blog
Wow!  I'm glad escrow closed for you.  A good reminder to us all to inform our clients what is considered real property!
7:33pm • #6
250,305 Points 11 Featured Posts Outside Blog
I heard of an entire front yard disappearing, trees, shrubs and rocks. Poof! Overnight all were gone. But I'm afraid I don't have any solutions for you.
10:08pm • #7
173,945 Points 17 Featured Posts Localism Sponsor Outside Blog

Karen - I can't say too much about the transaction, but let's just say there were a lot of surprised people.

Sarah - Yes, interesting is a good way to put it.  It was also a real learning experience.

Jennifer - I understand speechless.  You should have seen me when I say the tree stump.  Speechless!

Missy - Thank you for the 5.  I greatly appreciate it.

Bryant - The termite inspector wasn't the sharpest knife in the drawer, was he?  Neither was the person who removed the tree.

Lisa - I think my seller's will think I'm off my rocker when I advise them to not take the trees with them when they move.

Dena - It takes all kinds.

10:33pm • #8
OCT
04
2007
149,246 Points 89 Featured Posts Localism Sponsor Outside Blog

Fran: Why in the world would they cut down the tree? What good was it to them? Plus doesn't it cost money to remove a tree? I don't get it!

Once I bought a house with a charming pond filled with large koi (japanese goldfish) I was enchanted by this little pond, and assumed all of those beautiful fish were mine...heck, it was half of the reason I bought the house. The day the house was closing, we came in for the inspection and were shocked to find Mr. Seller carefully scooping out all the fish into a big bucket. Before anyone could say anything I blurted out, "Put all of my fish back, NOW!" He was so shocked that he dumped them all back in the pond and left.

What can I say? I was younger and alot less diplomatic. But it worked, and I got my pond with fish still there.

 

2:44am • #9
256,920 Points 3 Featured Posts Outside Blog

I just sold my personal condo partially furnished and had a detailed list for the selling agent of what would not remain before we signed the offer- and we didn't take one extra thing that wasn't on the list. I can't imagine a huge tree disappearing and the seller thinking it would be alright. What did the selling agent have to say about it?

7:45am • #10
Hit Router
I had a seller tell me she was going to take a portion of every plant with her when she sold, by the time closing came the yard looked dead she took so much.  Thankfully the sellers didn't mind, but yikes what are people thinking?
7:50am • #11
173,945 Points 17 Featured Posts Localism Sponsor Outside Blog

Janet - I'm glad you stuck up for your fish.  I can't imagine thinking it's OK to take them with you, but after having someone take a 3' in the butt Redwood tree, it doesn't seem so crazy.

Debbie - The selling agent's face went white.  I felt very, very sorry for her.  She, by the way, was wonderful to work with and kept the deal moving.  I look forward to working with her again.

Amy - I don't know because I don't think like that.  When we moved from our last house, I left most of my little potted plants I had on the patio.

9:55pm • #12

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Fran Gatti - Realtor®, RDCPro®, Crescent City CA Real Estate

Crescent City, CA

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RE/MAX Coastal Redwoods

Address: 1072 9th Street, Crescent City, CA, 95531

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