a bit off topic ....dead tree...

[TheCarpEnters]

Hi. I thought I could come here again and ask for your insights....

we sold my father's house this winter. the offer was accepted this winter and signed with the real estate sales person , but we will officially sell with the notary next week. the new owners are taking possession of the house on june 1st.

during the course of this winter, a huge Birch tree died in the backyard. the tree was alive last fall. ( it's dead now but still has some dried leafs on it..)

I would like to know if I am responsible for this dead tree ? iyo can the new owner force me to pay for having it cut down? what do you thingk ?

I realize you guys aren't lawyers, but nevertheless I would really appreciate your opinion on this
thank you
stef, Quebec, Canada.

[Dom D'Agostino]

Whoever owns the house (legally) is responsible for anything that goes wrong.

If you own it now, it would be your responsibility to repair any damage.

Consult with your real estate attorney for any applicable, regional legal advice.

[Garry Sorrells]

It all revolves around the wording of the Sales Contract. A good contract (for you) would have only required for you to deliver the " house " in the condition at the time of sale with the exception of normal wear and tear. The devil is in the details.

Was the tree part of the contract?
Was the tree alive when the contract was signed? If so how could you tell?
Did they purchase the property with a dead tree?
And so on and so on.

[TheCarpEnters]

well I met the futur owner today and he said he will take care of the tree... that's a good news

to answer your questions:
Was the tree part of the contract? not specifically
Was the tree alive when the contract was signed? probably was
If so how could you tell? hard to prove... but the dead tree still caries many of its now dried leafs from last summer...
Did they purchase the property with a dead tree? 12/12/2011 was the signature of the promise to purchase, June 2012 wil be signature in front on Natary. what is the date of purchase ? is it the date of the promise to buy, or the date when we will sign next week?

but Thank you very much for your help.
Regards to all
stef.

[Garry Sorrells]

Things may loose some of their meaning and context between the north and south.

Date of purchase:
The contract to purchase the property is the formal written promise to perform what is included in the contract by way of terms and conditions.

Settlement: money and deed/title transfer between parties;
The Notary part of your process is the the formal transfer of deed and title to the property listed in the Contract To Purchase (Sales Agreement, Purchase Agreement, Contract).

A excellent contract always protects you from anything/everything and puts all of the burden on the other party. Contract negotiations may cause the pendulum to swing more to the middle for the parties making it a good contract.

Glad your concern over the tree has been resolved. Hoping all goes smoothly.

[Jerry Peck]

Most contracts do not cover trees, grass, etc., but if you think it died then you should report it to the owner to that they know there is a risk of the tree falling on the house.

Now, if the tree falls on the house while you still own it - then the repairs are between you and your insurance company ... make sure your insurance is paid up. ;)

[TheCarpEnters]

once again . thank you to all.

stef