The Tree's Gone and So is Your Sale?

By
Services for Real Estate Pros with Alpha Prosperity Management

I am an Ike survivor here in Missouri City, Texas. As many of you know, we had lots of fences and trees bite the dust. Due to these recent issues, I have a friend of friend who is asking if she can cancel a pending home sale because a huge, very old tree that provided privacy in the backyard is no longer there. The tree was lost due to the hurricane. There was no fence or home damage. Her complaint is that without the tree, she no longer wants the home. Any comments or advice?

 

 

Courtney Fontenot, NAR Certified REPA

Alpha Prosperity Management

Office/Cellular: (713)516-7046

Office/Fax: (281)778-9528

Email: Courtney@alphaprosmgmt.com or Email: va@AlphaProsperityMangement.com

Website: www.AlphaProsperityManagement.com

Comments (8)

Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

That's a tough one... The contract says that the sellers will convey the house to the buyer at closing in the condition that it was agreed to at the time of contract.  No where does it talk about the actual "property".  Maybe your friend and the seller can get together and split the cost of a tree to replant that can grow into privacy.  If your friend is serious, I would have them contact an attorney, but I don't see how the buyer would retain their earnest money for defaulting the contract just because of a tree when everything "functional" to the home is intact.

Sep 25, 2008 02:10 AM
Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

Oh, and I'm glad to hear you're safe from the storm.

Sep 25, 2008 02:10 AM
Kim Peasley-Parker
AgentOwned Realty, Heritage Group, Inc. - Sumter, SC

Courtney,

Glad you are safe and sound.  This is an interesting question.  If the tree had fallen on the home and caused damage here in SC, the buyer has ten days to terminate the contract in writing even if the seller agrees to repair the property.  I am not sure how a tree would fall (no pun intended) in the contract.

Sep 25, 2008 07:56 AM
Courtney Fontenot
Alpha Prosperity Management - Missouri City, TX
NAR Certified REPA, REW

Donna and Kim,

Thanks for chiming in. I am not in the know on these types of questions but I would venture to guess that this is far from over. The buyer really likes the house and knowing her she will take it as far as she can. I will keep you guys updated.

Sep 27, 2008 12:27 PM
Team Honeycutt
Allen Tate - Concord, NC

Wow --thats a new one on me.  Good luck and let us know what the outcome is.

Sep 28, 2008 06:03 AM
Courtney Fontenot
Alpha Prosperity Management - Missouri City, TX
NAR Certified REPA, REW

Yes Allen, I will keep everyone up-to-date on this one. So far both parties are still negotiating. But I think Donna hit the nail right on the head with this one. I don't anticipate that this will turn out the way the buyer wants.

Sep 30, 2008 05:41 AM
Richard Weeks
Dallas, TX
REALTORĀ®, Broker

That is a tough one.  You might wish to contact the TAR legal hot line 800-873-9155 and see what they have to say.  I bet they have had many hurricane related calls in the past two weeks.

If the house were not damaged there may soon be plenty of buyers looking for a home that is not damaged in your area.

 

Sep 30, 2008 11:36 PM
Courtney Fontenot
Alpha Prosperity Management - Missouri City, TX
NAR Certified REPA, REW

Richard, Thanks for the information. I guess for a profesional answer that would be the way to go, but it appears the saga is over. The Buyer did end up buying the home without the tree, as is. There was nothing required from the seller. The buyer was not hapy but it appeared that there was not much choice if they did not want to lose the earnest money. Thanks to all who chimed in on this one. It was very informative for me.  

Oct 02, 2008 02:59 PM