Selling agent didn't disclose hazard. What to do?

Question

Hi, all.

I recently bought my first property, on the outskirts of Atlanta. The property management company also acted as the selling agent in this transaction.

About a month after closing, the PM company advises me that they got a letter 2 years ago from someone living next door to my property. The neighbor's letter says that a tree on my property is endangering their home, and needs to be removed.

So it looks like the selling agent (or agency) was aware of this when they facilitated the sale, and they never disclosed it. Can anyone help me figure out some options? My initial sense is that the agent, whose company received this letter all the way back then, ought to be on the hook for this, but I'm also new to this whole thing. (I'm also keen to handle this amicably.)

I was just going to let it go, but the tree-removal quotes I've received are for nearly $2k (the whole damn house was only $60k--plus other rehab money I've already spent on it).

Thanks for any insights! :-)

Michaela G. · Answer

In fact if it's an act of god and the tree falls on the neighbor's house...the tree owner is not responsible. The neighbor's insurance has to deal with their own house.

Account Closed · Answer

@Dave Friedman One thing that mitigates their liability is the tree was not a hidden defect. Anyone looking at the house could see a tree there. On the other hand they probably should have told you.

Matthew Paul · Answer

A letter from a neighbor stating trees are a hazard is only the opinion of the neighbor , nothing more . And if the letter is 2 years old and the trees havent fallen in that time they must not be a hazard .

Michaela G. · Answer

you don't mention why the tree is thrratening. Is it sick?

Just because the tree is sitting on your propetty and maybe leaning towards the neighbor's house does not make it a tree that you have to take down.

Any tree above diameter of 6" would have to get approved by the city arborist. They don't approve a healthy tree without some kind of penalty.

If the tree is healthy your neighbor can't force you to take it down just because they want you to. If it falls it's an act of god.

A tree itself is not a defect

Ralph R. · Answer

@Dave Friedman

That's the oos trap. I never buy sight unseen until I know I can trust my realtor, and PM both. I always buy the first couple subject to my inspection. Then I always put that contingency in the contract. when it comes close to the deadline depending how the deal has progressed and what the other inspectors have told me I may pass on my inspection. Now all that being said I think it might be smart to go look at the tree or have somebody else tell me the tree needs to be removed. if you cant trust the PM/Realtor than why would you spend $2K on the neighbors word? Maybe an arborist or some body else? Don't ask your PM for a recommendation either. research it on your own. get an independent opinion. Maybe all that's going to be required is a letter from you to the neighbor stating that you have liability insurance and you will fix the neighbors house should anything happen. in other words tell them to pound sand. if its a true danger than you better get it removed. The key thing here is YOU make the decision based on YOUR findings. Its your money and your house. Its also your neck if the tree is truly a danger. RR

Dave Friedman · Answer

Thanks, everybody. Sorry for the late reply--it's turning out to be a crazy week.

@Michaela G.: That's not my understanding of the law, if the tree was a known hazard. (of course, ianal, but I'm looking at this kind of conservatively.)

@Matthew Paul: I'm tempted to agree with you, but I'm not sure that one necessarily follows the other. A lot of things might not happen over a period of time, but still be a hazard, so this seems like a hard avenue to pursue.

@David Dachtera: The same thing has crossed my mind, as well, and it's a large part of what I'm weighing right now.

@Account Closed: That was one of the first things I asked. :-) PM's response was that the tree seems to have deterioriated in the last two years.

My PM had a couple of tree-removal services come out to take a look at the tree, and one took specific pictures of where he feels the tree is especially sick. So now there's a record of one professional giving his opinion that the tree needs to go. I might be able to find an arborist who could give a contrary view, but I'm not sure where that would leave me in terms of liability, which I'd need to ask a lawyer about. By the time I've factored in the aggravation and expense involved with the lawyer and the arborist, I almost might as well just get the damn tree taken out.

Laticia Braxton · Answer

@Michaela G. I was thinking the same thing...which governing authority deemed the tree as a problem? It sounds like the neighbor just wants it gone and you are not responsible for satisfying their wishes. You definitely want to get your own set of contractors out to give you an opinion on the tree's health and to also give you pricing, so you know there is no "funny business" going on with pricing hikes and kickbacks.

I had an issue with several 40-50 ft trees that belonged to a commercial property owner I worked for. The trees were actually in the yard of a neighboring homeowner and whenever we had a bad storm with high winds, he would have a huge mess in his yard. The trees were very mature and were losing limbs that weighed 10 - 20 pounds each. After having dealt with that nuisance for years, he decided he wanted them down and forced the issue of removal. After several rounds of negotiating with tree removal companies, it cost my building owner over $20k to get them out. I was SO glad my building owner spent the $20k to end the agony on both sides (mine and the homeowner's LOL). This was an easy case to argue because the fallen limbs were a big problem and thankfully, my owner realized that.

All of that to say, as long as the tree is not sick or already dead, the tree at our property seems to be a non-issue for you. Double check your coverage with your insurance carrier - your policy should cover acts of God.

Best of luck to you!

Dave Friedman · Answer

Thanks for your thoughts, everybody.Thinking some more about this...@Ralph R.: I think you're making some good points. In this case, my broker was recommended by a trusted friend who's had multiple good experiences with him. I don't think he was the problem. But I think you've given me some good angles to think about. Thanks for that!@Nicholas L.: That's exactly why I'm keen to figure something out amicably. I'd rather preserve a good relationship. Of course, a relationship is a two-way street...At the end of the day, my sense is that I don't have much recourse. Maybe finding out what an arborist would charge for a house call is the best next step.

Nicholas LaGatta · Answer

I have to side with Caveat Emptor on this one. I think you have no recourse in this case. You can argue your case until you're blue in the face but at the end of the day it will only hurt your relationship with your property manager and you won't come out financially ahead by a single dollar.

Account Closed · Answer

Any public notice that pertains to the property should have been disclosed prior to the closing The fact that the notice was disclosed after does you no good l would have the property management get an opinion on the safety of the tree I would then proceed to negotiate payment from realtor broker if needed The fact is the agent violated their responsibility towards you and are in violation of realtor codes

Selling agent didn't disclose hazard. What to do?

Selling agent didn't disclose hazard. What to do?

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