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?
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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 8 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.
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