Agreement of Sale-Mother Nature Are they responsible
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Agreement of Sale-Mother Nature Are they responsible
Hello
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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