You 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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Fran,
Did the selling agent know or find out when you called him/her? I assume that never closed. wow what a story!
Your blog had me momentarily speechless. Wow. This is something I have never experienced. Every agent should know about this!
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.
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.
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?
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.