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Seller Damage Property Prior to Closing

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Kallie08

Junior Member
What is the name of your state? Oregon
Seller insisted on being allowed to thin trees on an Equestrian/Forest Tax Deferred property post closing and keep proceeds.
I required the thinning be done prior to closing, adhere to the regulations of the Forest Tax Deferal and County/State Regulations. We verbally (should've put it in writing) agreed that no trees along the horse trails would be taken and no trees affecting privacy would be taken. We walked forest with arborist they showed the marked trees (should've brought a camera to document marked trees) and stated they would carefully thin taking damaged and unhealthy trees that didn't affect the trails or privacy and would make the forest healthier and safer.
That was all good in theory but in reality they knocked down & dmg'd many trees, wiped out the horse trails and took trees that weren't previously marked. There are now very large severed tree tops precariously hanging from other trees as well as very large trees that were partially uprooted and now leaning dangerously and a significant # of privacy trees are gone. Realtor is seller and buyer agent. The forest is 73% of the property and the horse trails significantly affect the income potential of the property. Remarkably they did not breech the Forest Tax Deferral status. What recourses do I now have to replace 100 year old trees and repair acres of trails?What is the name of your state?
 


sagito327

Member
I am going to assume that the actual sale of the property was put in writing, otherwise there is a statute of frauds issue. If the only verbal agreement was that the trees be cut prior to closing in consideration of the proceeds from the trimmed trees then the contract was binding. Unfortunately the only real course of action is a lawsuit. There are other options, such as arbitration, but the other side must agree to undertake the proceedings. That being said, the only real reason contracts are put in writing is for proof. The courts make the assumption (for better or for worse) that statements of fact made to the court are true. So if the other party flat out lies, and you can't prove they're lying, then you are in trouble. It seems as though you are dealing with a large sum of money though, and this would best be handled by an attorney, as you may be entitled to restitution.
 

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