Topped boxelder condemned by city

[John Paul Sanborn]

I got a call from a client that a friend of his daughters friend....

Small inner city type property, the box had been side stripped repeatedly by the ROW work and topped several times by past owners.

A neighbor had complained about to the city and they came out and condemned it as a hazard. Lots of cavities in the leads and limbs, very ugly.

Turns out that the neighbor is the party that sold the house to my potential client, and as soon as the house closed they started complaining about the trees condition. Then they called the city when their buyer refused to listen to their complaints.

 

[lh3]

pawn

way to pawn it off on someone else! that sucks!

 

[John Paul Sanborn]

Once it is sad and done I will try to convince her to go to court for it. Known defect that they did not disclose in sale and then turned it on her.

Go for her, the inspector, the Realtor....

 

[newb]

John, I'm not sure who the forester is in Milwaukee, but Ive gotten several calls about trees that the city has marked. They must be setting up winter work. Pete

 

[Rftreeman]

I had one similar but it was like this, I was doing lawn work at a house that was for sale and the neighbor came over and asked if I would give a quote on a tree so I looked at it and it was a huge, I mean huge red oak in the back yard of the house I was at that had a nasty lean toward his house and it also had a large cavity at the bottom so I told him $9500 and he said he was going to tell whoever he sees looking at the house about that tree and his concern of it falling on his house and that he's ready to go to court over it, that house will never sell..........I did get a small removal job out of the guy..

 

[John464]

Once it is sad and done I will try to convince her to go to court for it. Known defect that they did not disclose in sale and then turned it on her.

Go for her, the inspector, the Realtor....

will never happen, atleast not here. Once the CO inspection is passed and accepted by buyer any faults that have been discovered need to be fixed. If the CO inspector's report does not show it needs to be repaired or in this case, removed, the buyer can not make settlement on the house. The buyer moved in, had the opportunity to recieve multiple inspections and made settlement.



Some towns and states do not require Certificant of Occupancy inspection before settlement, therefore your area may be different.

 

[treemandan]

Wait, it took a minute. Are you saying these guys sold some people a screwed up tree, they are now neighbors to the people they sold it to and now have called the city to complain about it? Something like that? For real? Seriously? Right after closing? Really?

 

[juststumps]

will never happen, atleast not here. Once the CO inspection is passed and accepted by buyer any faults that have been discovered need to be fixed. If the CO inspector's report does not show it needs to be repaired or in this case, removed, the buyer can not make settlement on the house. The buyer moved in, had the opportunity to recieve multiple inspections and made settlement.



Some towns and states do not require Certificant of Occupancy inspection before settlement, therefore your area may be different.

i think you are half wrong, half right.. my understanding is, it is the knowledge of the seller..

if there is a defect that the seller didn't know about, and it was found out later,,, OH WELL !!!!

if there is a defect that the seller knew about and didn't disclose it,, and it was found out later,,, you have options !!!

example, you buy a house from a guy. he bought it 10 years ago with gas heat... you find a underground oil tank that has leaked.. major clean up costs.... he bought it with no knowledge of any oil tank and didn't know it was there... you are beat !!!

same guy , same house,, converted to gas because the oil tank was leaking, and never told you about it,, you can go after him for not disclosing a defect, after the fact !!!!

that said, i don't know how that would work with a tree ??????

 

[John Paul Sanborn]

that said, i don't know how that would work with a tree ??????

My thinking is that they had a known hazard on a rental property that they sold. Then shifted the burden of remedy to the buyer without disclosing the problem prior to sale. I think there is an intent problem here that the law may be able to look at.

It is just that the sums are too low for the lady to take it to court. It need to be done soon (she had a 30 day notice and I did not get called till 21 days into it). She is getting married and moving to a new house in the spring.

The city OK'd a retop, but I think it is in too bad of shape for that. I don't want to climb it it is so bad.

Right now I'm waiting for the power companies forestry people to look at it and send Big Orange out to strip the 15 ft sprout branches out of the primaries before give her a firm bid.

Then it will be chip brush and leave wood, because with the wedding and move she cannot afford a complete removal.

One of those jobs where you look at the tidy little houses and see the tree and know that anyone living in the neighborhood cannot afford the work needed.

 

[NYCHA FORESTER]

City people!

I'll say!

Sheesh

:hmm3grin2orange:

 

[KRS]

I disagree; buyer beware. It's not the realtor, inspector, or the sellers fault the city condemned it. The seller may be a jerk and dishonest; but it's the buyer's job to know what they buy and comply with the laws of the city.

KRS

 

[LTREES]

I disagree; buyer beware. It's not the realtor, inspector, or the sellers fault the city condemned it. The seller may be a jerk and dishonest; but it's the buyer's job to know what they buy and comply with the laws of the city.

KRS

I disagree cause the previous owner had obvious prier knowledge. They should have disclosed the knowlwdge of the tree. And then to be the one to call the city. That is wrong and a lawyer should be contacted.

 

[juststumps]

I disagree; buyer beware. It's not the realtor, inspector, or the sellers fault the city condemned it. The seller may be a jerk and dishonest; but it's the buyer's job to know what they buy and comply with the laws of the city.

KRS

that buyer beware stuff is long gone... it goes to prior Knowledge...if the seller didn't't know, that's one thing, he's not a tree guy...but if he knew the tree was beat, he's omiting a known defect....

 

[windthrown]

I disagree; buyer beware. It's not the realtor, inspector, or the sellers fault the city condemned it. The seller may be a jerk and dishonest; but it's the buyer's job to know what they buy and comply with the laws of the city.

KRS

The newer real estate sales laws pretty much place the burden on the seller, if they knew of the problem before they sold the house. When I sold my house, I had to disclose anything and everything to the buyer before they made the offer. If there were any complaints about the tree before the sale and they were recorded by anyone (like the city), the sellers are going to be liable.

Now, getting the money out of them is another story.