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Closing next week and sellers let the lawn go...
So we are closing next Friday and we were doing a drive around of the neighborhood and we stopped to look at "our" house. (We weren't creepy and we stayed in the car.)
The seller has let the lawn totally go. The bushes aren't pruned and look sickly and the lawn and backyard haven't been watered in ages. The grass is uncut, dry, yellow and patchy. It was a gorgeous green and very well kept when we looked at the house and had all appraisals, inspections. We don't live in an area with water restrictions or anything like that.
I am annoyed- mostly because I don't know what I am doing with a garden (literally I just ordered Gardening for Dummies from Amazon last week). But also because I feel like it's irresponsible to deliver a house in less than the condition it was viewed in.
Is there anything we can do? Is the seller legally obligated to maintain the land surrounding the house as part of the condition the house is supposed to be delivered in?
And, maybe this is a question for a different board but can dead/dying grass like that recover?
TIA
Re: Closing next week and sellers let the lawn go...
Same thing happened to DH and I when we closed. The day of our walkthru - 2 days before closing we noticed the grass was already ankle high. I talked to our realtor and there's nothing that then can do.
Technically it's still the owners yard so they can do as they wish. The grass will come back with a little ferterilizer and water.
To answer your last question, it sounds like the grass has just gone dormant, so it will come back to life.
As far what the seller is legally obligated to do, that depends on your contract and your state's laws. Most standard contracts I have seen are pretty vague about condition, but it's definitely something you can try to negotiate. You can ask the seller to place money in escrow to cover any damage, or other signifigant changes to the property, but of course, he doesn't have to agree to it.
I'd pick your battles carefully, if I were you. Yes, this is annoying, but it's not a dealbreaker for you (right--I hope!). Likely there is nothing to address this in the sales contract--but maybe there is. Read it carefully to see, and ask your agent about it as well. It's unfortunate--and you're right, responsible folk wouldn't do this to one another.
It is quite possible that the grass has either gone dormant--some varieties, like bermudagrass, do that in cooler weather--or, it was an annual grass that is dying as the weather changes. We have bermudagrass in the front, and it looks dead for about 5 months out of the year (I'm in Atlanta, so it's not like we have cold weather all the time). It's just the nature of the plant.
I'd either hire a professional, or take a sample of the grass and pictures of the condition it's in to a reputable local garden center (not a big-box home store) or contact my state university's extension service for advice. Trust me, as one black thumb to another, gardening is a world unto itself, but there is a lot of advice out there--free! Any of these resources can give you a schedule based on the type of grass and the growing season in your area of when you need to put down pre-emergent, how often to water, when to fertilize, etc. They can even tell you if you need to put lime down or if you need other amendments, based on soil samples.
Good luck, and congratulations on your closing.
It's unfortunate, but there's nothing you can do about it.
Our buyers actually put in the contract that they wanted the lawn mowed and weeds taken care of within 5 days of closing. So that's what we did. If they hadn't made that request, we likely would've cancelled our lawn maintenance several weeks before closing. We were paying $50 a week for maintenance (we moved OOT, and the house was vacant), and could've used the extra $$. As a seller, I really can't blame them. The deal is done.
Actually, you may have recourse. We had the same problem - the property was PRISTINE when we put the offer in, and we had it in the contract that the house and the grounds needed to be in the same condition at closing. Well, they weren't. We took pictures and showed our lawyer. Our lawyer had $500 put in an escrow account and gave the sellers 10 days to get the grounds taken care of, or we would get the $500 to do it ourselves. The house was taken care of within 3 days of closing.
Check your contract. You may have some wiggle room.
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In CA, with the contracts I use, it is in the boiler plate language that the property must be maintained to the condition it was in when you went into contract. Review your contract and talk with your Realtor about your options.
Unfortunately, it will probably be difficult to collect anything or take any action (if they are in short sale - good luck!) You can make the arguement of course and hope for the best. Also, you can request that they resume with maintenance right away (watering, trimming etc). I would definitely address it and hope for some improvement.
Also, grass is very resilient and it is quite likely that it will come back with regular watering. Overgrown bushes can be trimmed and do just fine most of the time. In my area (Nor Cal), I typically water my lawn every day for about 6-10 mins. Gardeners typically cost about 100-150/month for weekly service (mowing, trimming, clean up). That's about what I know about gardening
I am really sorry this has happened, it is very disheartening and frustrating. I hope you are able to get the sellers to resume their maintenance, every day helps
Good luck!
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