[WSBARP] Pre-Closing Timber Trespass and Other Issues

[Kary Krismer]

I would agree with Craig on the trees, as to it being a contract matter 
assuming the seller did it.

Not enough information on the propane system, but would question the 
amount at issue.

The Form 17 "I don't know" is what I find interesting.  That's a huge 
red flag IMHO, and for buyers and buyer's agents an indicator of a 
difficult transaction ahead, and in this case, post-closing. The answers 
would seemingly only apply to the propane and not the trees, but it may 
still be relevant to the trees.  The seller has a personality type 
making what happened to the trees (assuming not a trespass situation) 
not that surprising.

Kary L. Krismer
John L. Scott, Inc.
206 723-2148

On 11/18/2021 5:27 PM, Mark Anderson wrote:
>
> Dear Listmates:
>
> PC purchased 5 residential acres here in Pierce County.  On the 
> pre-closing tour, there were five very mature cedar trees. After 
> closing, when PC moved in, PC saw that all five of those trees had 
> been cut down (i.e., harvested).
>
> Other issues discovered after the purchase include a propane 
> connection that did not meet code (it was subsequently red-tagged); 
> this was not noticed and/or reported by the home inspector hired by PC 
> prior to the purchase.
>
> That said, who amongst you has had experience with issues such as 
> these?  I would like to refer PC to someone who is better versed than 
> I am in the areas of timber trespass and problems that should have 
> been caught on a competent inspection.
>
> By the way, the Seller checked all items on the Form 17 as “I don’t 
> know.”  I’m not sure how that can fly or if it has any bearing on PC’s 
> rights here.
>
> *Mark B. Anderson
> *ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com <mailto:marka at mbaesq.com>
> www.mbaesq.com <http://www.mbaesq.com/>**
>
> *CONFIDENTIALITY NOTICE
> *This transmission is confidential and is intended solely for the use 
> of the individual named recipient. It may be protected by the 
> attorney-client privilege, work product doctrine, or other 
> confidentiality protection. If you are not the intended recipient, or 
> the person responsible to deliver it to the intended recipient, be 
> advised that any dissemination, distribution, or copying of this 
> communication is prohibited. If you have received this transmission in 
> error, please immediately notify the sender via e-mail or by telephone 
> at (253) 327-1750 that you have received the message in error, and 
> then delete it. Thank
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211119/95cb86f3/attachment.html>