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Wind Damage Before Closing

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gw2216

Junior Member
What is the name of your state (only U.S. law)? Iowa

Two weeks from closing, strong winds destroyed 2 shade trees and badly damaged two others. We, the buyers, would like the remaining 2 trees removed because large brances in the center are missing. The seller has removed the trees that were destroyed but doesn't feel obligated to remove the 2 that remain. Is he required by law to remove the remaining trees? Is he required to replace the trees? Of course, we inderstand he cannot replace the trees with new trees the same size.

Our purchase agreement states that the seller will preserve the property including the grounds in its present condition. If any property is damaged or destroyed, seller will restore same to its previous condition as soon as resonably possible but inn any event by the closing date.

The seller has mentioned "Force Majeure" as his out.

Thank You
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Iowa

Two weeks from closing, strong winds destroyed 2 shade trees and badly damaged two others. We, the buyers, would like the remaining 2 trees removed because large brances in the center are missing. The seller has removed the trees that were destroyed but doesn't feel obligated to remove the 2 that remain. Is he required by law to remove the remaining trees? Is he required to replace the trees? Of course, we inderstand he cannot replace the trees with new trees the same size.

Our purchase agreement states that the seller will preserve the property including the grounds in its present condition. If any property is damaged or destroyed, seller will restore same to its previous condition as soon as resonably possible but inn any event by the closing date.

The seller has mentioned "Force Majeure" as his out.

Thank You



**A: the Seller is required to replace the trees on his own or file a claim with his insurance company.
 

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