If we closed on our house 16 months ago but in the contract the sellers excluded a 3 foot tall smoke bush from sale that was never taken and now they have asked to pick it up?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we closed on our house 16 months ago but in the contract the sellers excluded a 3 foot tall smoke bush from sale that was never taken and now they have asked to pick it up?

However, it has grown to about 6 feet and would require the entire garden be dug up to remove. Are we obligated to give it to them? If so, can we be compensated for replacement of all damaged plants as well as storage/care for the plant?

Asked on August 11, 2015 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They are still within time (within the statute of limitations, or time to sue) to enforce the contract, so you would have to let them get the bush; however, all they can do is take the bush--they can't do any other damage or alternately, will have to pay to fix/correct any other damage. It would be reasonable to require them to escrow money to pay for any necessary landscaping or replanting, as well as to pay all costs associated with digging it up, storing, and shipping it--you are not obligated to bear an of the costs or accept any damage to your property.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption