Fallen Cactus between contract and close

[ReelConfusion]

I am selling a home in the state of Arizona. Sebsequent to executing the contract but prior to close of sale a wind storm toppled a large cactus on the property. It is not possible to access the location of the fallen cactus to replace it with an equivolent as there is not room enough for a vehicle large enough to transport a cactus of equivolent size. A replacement cactus of equivolent size would cost between $3000 and $4000. What are my legal obligations in this situation? There is no specific warrenty in the contract for landscaping. Only that the premesis be kept in substantially the same condition as of the time of contract execution.

 

[David J. Miller]

Ah, come on! Go throw your arms around it and haul it outa there on your back. Be a man or a very masculine woman.

If that doesn't work have you had a conversation with the agent, assuming there is one? Or, have you had a conversation with the buyer?

I think if the contract makes no warranties, or does not specifically list the cactus as included in the sale, you are probably safe.

But, I am not an attorney. I'm a mortgage consultant who has seen his share of real estate transactions, none involving a cactus, I'll admit.

 

[ReelConfusion]

The fallen one is gone - I paid the $475 to remove it.

 

[HomeGuru]

File a claim with your homeowners insurance company. If they do not pay then you may have to negotiate with the Buyer. If I was the Buyer, I would be asking for a $4000 credit or like amount reduction in the sales price. You see that is a very valuable specimen of landscaping. Saguro and do the right thing or the Buyer may be a thorn in your side.

Signed,
Cactus Jack