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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38237
Experience:  17 years real estate, Realtor. Landlord 26 years
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I recently bought a house in Tyler, TX and after 4 days, I

Customer Question

I recently bought a house in Tyler, TX and after 4 days, I discovered 2 dead, 60' pine trees that had to come down because of the danger to my house and the neighbor's house. Do I have recourse to offset my expenses for this? I feel due to the dangerous situation I should have been notified in the property disclosure document.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: No, I just discussed the issue with my Real Estate agent.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything at this time.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Expert:  Barrister replied 2 months ago.

I am a little confused as to how you could miss two large trees that were dead when you had viewed the property?

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Customer: replied 2 months ago.
When buying a house you are interested in the house and the foliage doesn't get inspected for danger....especially in a highly wooded area!
Expert:  Barrister replied 2 months ago.

That is my point... the owner has a legal duty to disclose defects about the house, not any of the surrounding foliage or trees on the land. It is up to the buyer to walk around the lot that they are buying and fully inspect it to see if there are issues that need to be negotiated in the contract before they sign it.

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So unfortunately, the owner doesn't have a duty to disclose things like this, if they even knew about them, and it would have been something that should be been discovered by you and negotiated with the seller for them to take them down as part of your contract..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 2 months ago.
You answered my question. Thanks!
Expert:  Barrister replied 2 months ago.

You are very welcome. Happy to help any time, even though the news was lousy..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Expert:  Barrister replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister