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Contractor of new home left dead tree

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Ritagt

Junior Member
I live in NC. We are new homeowners of 4 months, and bought the land from our builder as well. He failed to remove a dead tree (50 ft longleaf pine) next to the house. I have spoken to him and he agreed to come look at it then didn't show. Is he responsible for removing it or must we foot the bill?
 


Zigner

Senior Member, Non-Attorney
I live in NC. We are new homeowners of 4 months, and bought the land from our builder as well. He failed to remove a dead tree (50 ft longleaf pine) next to the house. I have spoken to him and he agreed to come look at it then didn't show. Is he responsible for removing it or must we foot the bill?
Why do you think he should be responsible?
 

LdiJ

Senior Member
I live in NC. We are new homeowners of 4 months, and bought the land from our builder as well. He failed to remove a dead tree (50 ft longleaf pine) next to the house. I have spoken to him and he agreed to come look at it then didn't show. Is he responsible for removing it or must we foot the bill?
I believe that he is responsible. Had it been a lot that you purchased from someone else the builder would not necessarily be responsible, (although prepping the lot for construction would be part of his duties) but because he sold you both the lot and the construction, I believe that he would be responsible to remove the tree.
 

Zigner

Senior Member, Non-Attorney
I believe that he is responsible. Had it been a lot that you purchased from someone else the builder would not necessarily be responsible, (although prepping the lot for construction would be part of his duties) but because he sold you both the lot and the construction, I believe that he would be responsible to remove the tree.
Why do you think that?

Absent a specific clause in the purchase contract, the OP bought the property as-is (including the dead tree). It matters not that he bought it from the builder. Me, I wouldn't have bought a dead tree...but our OP did.
 

justalayman

Senior Member
he sold you the home with whatever warranties accompany's a new home and the land as you saw it. That means dead trees, no grass, rabid raccoon running all over the place, whatever; it's yours to deal with as you wish unless you have a contract modifying that.
 

LdiJ

Senior Member
Why do you think that?

Absent a specific clause in the purchase contract, the OP bought the property as-is (including the dead tree). It matters not that he bought it from the builder. Me, I wouldn't have bought a dead tree...but our OP did.
The builder has a duty to prep the lot for construction. If the builder is also in the business of selling lots then the builder has an obligation to sell an actual building lot, not a piece of land that needs major landscaping work.

The way that you are talking the builder wouldn't even be responsible for leveling the land after digging out for the foundation (or basement if applicable).
 

Zigner

Senior Member, Non-Attorney
The builder has a duty to prep the lot for construction. If the builder is also in the business of selling lots then the builder has an obligation to sell an actual building lot, not a piece of land that needs major landscaping work.

The way that you are talking the builder wouldn't even be responsible for leveling the land after digging out for the foundation (or basement if applicable).
If the contract required it, sure he would be. But, if the buyer happened along and said "Awesome! I've been looking for a lot with a hole in it!" then all is well.

See, the OP KNEW about the tree and BOUGHT the tree (along with the land.)

We're not talking about some hidden/concealed defect here...
 

justalayman

Senior Member
LdiJ;3342849]The builder has a duty to prep the lot for construction.
the house is there so apparently he prepped all he needed to. He is not required to landscape the property unless it is in a contract requiring him to do so.

If the builder is also in the business of selling lots then the builder has an obligation to sell an actual building lot, not a piece of land that needs major landscaping work.
not true at all. I have seen "lots" of the most horrific condition regarding vegetation and I have seen lot's fully landscaped prior to even building a house. There is no requirement a lot be improved in the least, unless there is a contract requiring such.



The way that you are talking the builder wouldn't even be responsible for leveling the land after digging out for the foundation (or basement if applicable).
guess what; he isn't unless he chooses to do so or there is a contract requiring such.
 

Ritagt

Junior Member
Wooded lot

The lot was wooded when we bought it from the builder. He took down trees and graded lot and built the house. He was to clean, landscape, and put in irrigation as well as build the house.
This is a longleaf pine in the front yard, very tall, approx 50/60 ft tall. It has borer damage in it as well.
He claims the tree was alive 5 months ago.
 

Zigner

Senior Member, Non-Attorney
The lot was wooded when we bought it from the builder. He took down trees and graded lot and built the house. He was to clean, landscape, and put in irrigation as well as build the house.
This is a longleaf pine in the front yard, very tall, approx 50/60 ft tall. It has borer damage in it as well.
He claims the tree was alive 5 months ago.
Did your contract require him to remove that tree?
 

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