[WSBARP] Pre-Closing Timber Trespass and Other Issues

[Mark Anderson]

PC is engaging an arborist to determine the value of the trees.  I agree that the terms of the contract will control.

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/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Thursday, November 18, 2021 9:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Pre-Closing Timber Trespass and Other Issues

Look at the provision in the agreement that the property will be in the same condition as it was at the time of contract.  Value of the missing trees can be determined by an arborist.  I don't think this timber trespass if the owner harvested them before closing but rather a breach of the sales contract by changing the condition of the property.  We litigated a  case where seller cleared alder samplings out of a drainage swale thinking he was doing a favor and buyer sued on the basis property was not maintained in current condition claiming huge  dollars based on the arborist replacement value on 2 inch alders. Translation 2 inch weeds. No good deed goes unpunished.

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>>
Sent: Thursday, November 18, 2021 5:27:43 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Pre-Closing Timber Trespass and Other Issues


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
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