Can I ask the seller to contribute?

clare_73

Hi All,

I'm in the process of buying my first house at the ripe old age of 42 after years of private renting - yippee!

My survey advised that I needed a tree report for a big pine tree v close to the house (in the garden) - and the report says it needs to come down due to species, age and proximity to house.

The recommendations of the tree report have to be actioned before I exchange contracts so it has to be done - my question is, do I approach the seller to either pay for, or go halves on the price of felling? I don't want to be awkward, but then it's not my tree (yet). Then again, I could use the logs to keep the lounge fire going for at least two winters, so perhaps I should pay?

Waiting for quotes for the work - any advice/opinions much appreciated!

Guest101

Its for your benefit, you should pay.

lee111s

You can ask, but equally they can, and probably will tell you to sing for it

caprikid1

"The recommendations of the tree report have to be actioned before I exchange contracts"


If I was the seller you would not be felling trees on my land prior to exchange, not in a million years. It can make the garden look a mess and what if damage is done to the property. Sorry it would be a non starter for me. Buy the house fell the tree unless the mortgage company will refuse to complete with it in situ.

nubbins

I agree with the above, there is absolutely no way I would be letting anyone fell a tree prior to exchange, Who said this "has to be done" prior to exchange? If its the lender I would start looking for a new one because unless the seller is an idiot they should not allow this.

[Deleted User]

No vendor on earth is going to let you fell trees on their land before exchange, regardless of who is paying. What if it all fell through before contracts were exchanged?? Agree with above, whoever is asking you to do this doesn't know what they're on about.

danslenoir

I'm in a similar situation to OP with respect to large tree in garden on house we're in the process of purchasing, though still waiting for survey.

Having already panicked a bit about the problems this might cause I've done a fair bit of background reading, it might not be as simple as just removing the tree. Depending on the specifics of the tree and property, removing a large tree could cause the opposite of subsidence (i.e. heaving, which can be even more damaging to the property) due to the tree no longer being there to mop up water. Who was the tree report carried out by? Someone qualified to assess the impact of tree removal on the structure of the property you're purchasing?

https://www.rhs.org.uk/advice/profile?PID=225

I could understand if the seller would be reluctant to allow you to fell the tree (even if at your own expense) before you have completed given the potential problems they could be left with as a result if your purchase didn't go through.

I didn't consider though that a lender may subject their offer to removal of a tree they find offensive, which seems could well leave OP (and potentially me if a similar situation arises) in a bit of a catch 22 situation with a tree the seller won't agree to have removed irrespective of who pays for it, and a lender who won't offer a mortgage without it being removed...?

Mallotum_X

If its an issue for the mortgage company then it will probably be an issue for other companies.

If the mortgage co will not allow exchange without it gone then you need to tell the vendor this. I would pass on that info and see how they react without any talk of who pays.

My parents neighbour had the same issue when they sold, so removed the offending tree before exchange, they paid rather than the purchaser.

G_M

clare_73 wrote: »

......

The recommendations of the tree report have to be actioned before I exchange contracts so it has to be done -

Says who?

The Local Authority? In that case they should be telling the current owner, not you.

Your mortgage lender? Then the seller may or may not wish to cut three down to facilitate a sale, or may prefer to find a seller who does not impose this condition on the sale.

davidmcn

Mallotum_X wrote: »

If the mortgage co will not allow exchange without it gone then you need to tell the vendor this.

The mortgage company won't care about exchange of contracts, they're not a party to the contract. They'll only care about whether the tree is still there at completion. No reason why the parties can't conclude a contract which is conditional on the tree being removed by completion.

Mallotum_X

davidmcn wrote: »

The mortgage company won't care about exchange of contracts, they're not a party to the contract. They'll only care about whether the tree is still there at completion. No reason why the parties can't conclude a contract which is conditional on the tree being removed by completion.

It would be a foolish solicitor that allowed exchange without the tree issue being dealt with. Yes a contract could be drawn up at even more cost, but the reality is it is far simpler to be dealt with before exchange.