Must home sellers disclose dying tree?
Posted on : 31-01-2007 | By : admin | In : Ann's Blog
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I saw the following article and I thought it was a must read. Trees can really cause problems, roots in the sewer line, or roots can cause drive ways to crack. It is good to really think about this when you are planting a tree. Some trees grow fast. It may look great now or in the next few years, but where you plant that tree can be a costly mistake if it is too close to your house and your substructures.
This article was in Inman News today.
Future removal will likely cost buyers thousands of dollars
Tuesday, January 30, 2007 By Barry Stone Inman News
Dear Barry, We are currently selling our home and have a question about seller disclosure. Beside our house, there is a large Dutch elm tree. It is diseased and will probably die in a couple of years. Our buyers have not raised any question about the tree, and the symptoms of the disease are not readily noticeable. Should we tell them about the tree or just let them enjoy it until it needs to come down? –Jim In today’s litigious environment, it is never wise to withhold or abridge real estate disclosure. There are buyers out there who would sue over the loss of a tree with an undisclosed disease. So play it safe and disclose everything you know about the condition of your property. It is the way you would want to be treated if you were the buyer. As for allowing the buyers to enjoy the tree for the time being, that enjoyment will have little intrinsic value when they eventually pay thousands of dollars to have the tree removed. If they should then suspect that you knew about the problem, you could find yourself wishing that you had said something before the property was sold. The answer to all disclosure uncertainties consists of three simple words: disclose, disclose, disclose. Allowing one exception to this basic rule invites further exceptions. It is a slippery slope that leads to costly liability. The disclosure you withhold today could be tomorrow’s income for a hungry attorney.





Anything you know that is negative to the property must be disclosed.