Q: We are placing a pause on the home we are buying. I’m writing to you from our hotel room. The plan was to move from our apartment into this home. However, once again, adverse property conditions have surfaced. We removed our property inspection contingency on Day 10. On Day 12, city workers cut down the massive tree in front of the house. The seller was aware of the pending city tree removal. No one disclosed this fact to us during the property condition contingency. That majestic tree had a broad canopy that blanketed the front yard with shade. We were devastated and felt deceived.
The day before signing loan documents and escrow papers, we exercised our right to walk the property before the closing of escrow. We noticed the tall shade tree in the back also was gone. It was the neighbor’s tree that was on the property line. The neighbor’s tree canopy extended over our new backyard, providing shade from the afternoon sun.
The seller of our new house and the neighbor who owned the tall tree have been feuding for years. We understand the seller hired a landscaper to cut the tree branches and canopy back to the property line. The massive tree could not handle the weight imbalance, so after the September rains, it fell over. The back neighbor is suing the owner of the house we are buying.
We are concerned the seller might sue us if we officially cancel the sale. We don’t want to lose our earnest money deposit, either. Now this house lacks front and back shade. What options do we have at this point?
A: You need to review your options with a real estate attorney. Your attorney might be able to negotiate the planting of fast-growing shade trees. Keep in mind that intelligent developers plant tall trees grown at tree farms. Your tree options might work out in your favor. Research the best trees for all the yards based on species for your climate, soil, growth rate, canopy, water use, appearance, proximity to the house and root creep.
You might litigate your way out of this home sale. Conversely, perhaps have the seller pay for the shade tree sanctuary of your choosing. But first, a good place to start your tree research is with the Sunnyvale Urban Forest Advocates at https://www.sunnyvaletrees.org. Lest we forget, gather facts before negotiating, not after.
Questions, concerns or inquiries? Realtor Pat Kapowich is a Certified Real Estate Brokerage Manager and career-long consumer protection advocate. His hometown of Sunnyvale, California, is where he is based. Office Landline: 408-245-7700, Pat@SiliconValleyBroker.com Broker# 00979413 www.SiliconValleyBroker.com
