Expert: Dick Dennis - 4/19/2010

Question
I purchased a home in January 2010 in Missouri -- middle of winter so no leaves on any trees.  Now, it's April, and all the leaves have come out except on the largest tree in the back yard.  Concerned that it might be dead, I've had two tree services evaluate it, and both have told me that the tree has been dead for at least two years, and that due to its proximity to the house and overall frailty, must be taken down (at a cost of about $1,200).  

What are my options?  Do you suppose I have any recourse?

Thank you.

Answer
As long as it was not revealed in the usual property condition documents, Chris, you first have to actually have the expense of removing the tree, then look for who to reimburse you. In this case it would be a small-claims matter. Contact your Realtor, if you had one, and advise him/her that you expect to be reimbursed. Chances are the Realtor will deny responsibility because the seller did not advise him/her and she is no arborist or tree expert. If that is the case, then ask where the seller lives now.

Be sure to have both tree services supply their opinion of the tree's condition in writing. Then have one of them remove it. Contact a nursery for the cost of replacing the tree. That cost you will need to add to the bill, too, as long as you do want a tree in your yard. Then contact the seller for reimbursement. If he refuses, THEN you file the small-claims action and have the seller served. That is the proper sequence of events that you should take to have your problem solved.

Here is an idea you may want to explore: Ask a nursery if you can negotiate planting a new tree in your yard IF they remove the dead one. At least you would have tried to eliminate the problem without having the seller dinged for it. If the property was a foreclosure or a short sale then expect to have to bear the costs yourself. But at least ask the Realtor. I do wish you well.

Dick Dennis
dixiedee13@aol.com