Seller Stole Palm Trees
I closed on 6 units last week, and come to find out, the Seller removed 4 palm trees from the property either just prior to the close, or even worse, while I was at the closing! My tenants immediately started complaining of the sun beating into their apartments now that the shade the palm tress were providing is gone! Does anyone know what kind of recourse I can peruse? I would like to either press charges for larceny or sue for the value of the trees. Waiting to hear from my attorney, but any input from someone that has had a similar experience would be greatly appreciated.
[ Edited by mgraval on Date 04/26/2004 ]
was it in the contract ? if not then you have legal recourse for the value to replace.
I am not a lawyer, but the real estate contract should say that the house should have been in an AS-IS condition. Obviously moving the trees after you saw them wouldn't have been in an AS-IS. Hopefully, you have pictures BEFORE you did the contract.?
Thanks for the replies. There is no provision in the cotract for the seller to remove the trees. I think she thought I just would not notice, or she thought she had rights to them, but I tend to diagree. I do have pictures that were taken after I signed the contracts.
Find out if anyone saw who removed the trees. How big were the trees? If they were large she probably had professionals move the trees.
Just for jollies file a police report on the theft of your landscaping immediately. Simultaneously call a couple of landscaping services and find out how much it will cost you to replace the trees with others of similar size.
mgraval
While you are contemplating replacing the trees, may I say that I have 2 healthy twenty foot Queen Palms that you can have for free. You dig them up and you haul them away.
Trees would be attached property. If they were not specifically excluded from the sale, you have legal recourse to replace them. First step would be to call the sellers and complain and threaten to sue, hopefully they will get nervous and go ahead and replace them.
I am a RE agent in WA state, and not an attorney, so it goes: When the trees were purchased they were personal property. Upon planting they became Real Property. Therefore, they should remain with the RE that you purchased. Check with the P&S contract, it should have provided language to specify which items stayed and which items went. This is why we use pre-prepared forms - we can't think of all the things that could go wrong.... Your P&S contract should state that the trees remain with the property. As such, the removal is theft. Yes, ask the seller if they removed the trees. Did someone else remove them? This is criminal issue, and the police need to get involved, a civil matter could be used if the criminal charges don't work. If the seller indeed removed the trees, demand they replace the trees within X days, or you will file charges. Make sure the work is done satisfactorily too. In RE we have a saying, "If in doubt, write it out". When a seller or buyer wishes to have questional property (Refreg, washer/dryer, etc.) stay with the home, write an addendum to state the fact that they stay.