Agreement of Sale-Mother Nature Are they responsible

My clients are the sellers and we are under contract. We had a bad storm and it
knocked some trees down in their yard which none hit the house. But the sellers
cut up the trees but did not remove stumps. The buyers agent says his clients
want the stumps gone due to the Agreement of Sale. And the house sets in a wooded
area to begin with. Its not like nice green grass yard. lol Question is are the
sellers responsible to get stumps removed from mother nature as per agreement of
sale to maintain the property?
Thank you

Asked on April 4, 2018 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Maintaining the property would not include an oligation to remove stumps. Maintaining means to prevent or repair damage to the home and any other man-made structures (like a driveway), such as leaking pipes, broken windows, potholes, cracked steps, etc., and to generally "keep up" the property--keep it reasonably clean, keep any lawn maintenance going, etc. It does not require the seller to do anything more than that. The seller could not have been required to remove the trees, if the buyers decided they did not like them or if the trees were old or sick; similarly, they do no have to remove the trees' stumps.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.