Legal Question in Real Estate Law in Utah
dead trees
I purchase a house 3 months ago, when all the trees looked the same - without the leaves. Not so long ago I noticed that two of the tallest trees (they are actually HUGE) are completely dead. In addition, neighbors came and talked to me about removing these trees, because the trees are so close to the neighbors's property, and the neighbors are afraid of the trees falling down. I got an estimate from the tree removal company, and to remove these trees will cost me $1350.00. Did the sellers have to disclose the condition of the trees and do I have a valid claim against them?
2 Answers from Attorneys
Re: dead trees
You may have a valid claim against them for failure to tell you the trees were dead. You can sue them in small claims court for the costs of removal and may also ask for the cost to replant new trees.
Re: dead trees
Look at the seller's disclosures. Is there any question about landscaping/trees? Did anyone ask about the condition of the trees? Absent an affirmative representation that the trees were alive and well, generally, there is no obligation to disclose such info. The general rule in Utah (and most other jurisdictions) is caveat emptor - buyer beware!
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