Examine the Trees
When Jodi Foster, a sales associate with Keller Williams Realty in Allen, Texas, bought a Lake Lavon home in 2000, she fell in love with the two 20-year-old willow trees in front of the property. But Foster, who once worked on a wholesale tree farm, didn't hire a professional to look at the trees and didn't realize the lifespan of a willow tree is about 20 years. Within two years, one of the trees started to die.
Today, Foster usually advises clients to have mature trees checked by a professional. "You need to be aware that some kinds of landscaping can cause property damage and property issues."
Mimosa trees, for example, can be high maintenance. Cottonwood trees can be problematic for people with allergies. And willow trees have root systems that seek water.
"And in our dry, arid area, the closest water sometimes is in the plumbing of the house," Foster says. "So you can have a lot of foundation issues if you have willow trees planted too close to a house."
In addition, tree limbs hanging over a roof or brushing up against a house can cause structural damage. Leaves and debris caught in gutters cause roof damage and leaks. Uneven sidewalks can indicate root encroachment and potential foundation problems. Trees with ground level separation of trunks are usually splitting and most unstable when subject to ice and storm conditions. And bushes and trees planted too close to a home can provide access for termites.
Don't Play the Expert
Despite her tree knowledge, Foster leaves the landscape issues to the professionals. "Never make yourself the expert," Foster says.
But are real estate practitioners required to be experts on landscape issues and legally responsible if they miss something? It depends on your state's statutes-so be sure to find out what your state's disclosure laws require.
For example, under California law, whether real estate practitioners represent the buyer or the seller, they are required to conduct a diligent and reasonably competent visual inspection of the normally accessible areas of the property and disclose anything that might materially affect the value or desirability of the property.
Similarly, Anthony Gatto, director of legal services for the New York State Association of REALTORS®, says buyer's agents in his state are required to disclose any known issue that could impact the desirability of the property in the eyes of the client.
Meanwhile, Article 11 of the NATIONAL ASSOCIATION OF REALTORS®' Code of Ethics and Standards of Practice prohibits real estate practitioners from acting outside their area of expertise.
Real estate practitioners should avoid the temptation to offer an expert opinion, make a conclusive statement, or use adjectives such as major, minor, or cosmetic, says Tiffiney Welles, vice-president of legal affairs for the San Diego Association of REALTORS® and head of the association's Real Estate Mediation Center.
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