Thanks for all the good feedback. Last night we had a large storm and she flopped down again. I am in Minneapolis and it has been raining almost non-stop since mid-May. The last two summers have been very dry, so while tree might have been tippy before, it is tipping now. I cleared away more at the base and am adding more pictures. Ken - the part of the trunk where you say that it has been pulled away form the dirt - that is actually where I scraped away wet leaves before taking the photo. Those two stripes visible on the trunk just above the ground line are actually paint - The soil in that part of the yard looks to be 100% "improved", but the base soil type does not tend toward clay elsewhere. I suspect you guys are right that it is just way to loose and there is nothing for the tree to root in. I wonder if the previous owner was right in her defensiveness that it was not planted to shallowly, but wrong in her solution. BTW - she did get paid to garden. But she is a flake and her ex husband is some kind of biomass/compost consultant. I have been amazed at how much of the soil here has been "improved" This post was edited by Timmytoo on Sat, Jun 22, 13 at 10:59

A update on my dealing with Lowes: Yesterday morning I went over to Lowes, ready to talk to them to find out what breed that crepe myrtle was. If it turns out to be something close to a PV, I would just go ahead and keep it without making a fuss. Or if it turns out to be something I don't want, I would ask them find me one to replace it whenever it is available. First we went to the customer service and told the person there the situation of our yard and the wrong label issue and asked what they could do to fix the problem. That guy's answer is "All you need to do is to pull it out and take it here and we will give you a full refund." He said that with such pride as if their one-year-guarrantee is the best solution to keep customers happy. He didn't seem to care when we told him some of the crepe myrtle out there (same as ours) could have been wrong-labelled as well. And I also noticed when we mentioned "Pink Velour" he had this "a crepe myrtle is a crepe myrtle" look in his face. Even though the last thing I wanted to do is to pull that poor plant out....but I was so chilled off by his response. I decided I didn't want to talk to him any more. I could have talked to the garden manager as well. But I was totally discouraged. So I went back home and dug the poor thing out and hauled it back to the store. At the return counter, I told the cashier that those crepe myrtles out there could be wrong-labelled too. She didn't seem to care and didn't make any comment on my concern. I found myself talking into the air! That is the ending of the story. I have put in a lot of work and heart in planting that crepe myrtle.....but the biggest loser is that nameless crepe myrtle itself. When we dug it out and carried it to the car I felt like I had just murdered it. I cried.

How often should i water it during the winter months? It came planted in free draining soil. Should i just water when the leaves start to droop? Also it recently started to flower again. One bloom is not a very small fruit and there are a few buds that are still swelling and have yet to open. Do you think it will hold on to the fruit while inside for the winter? here is a pic of it when i first got it back in early April. It is still in the same pot but it has grew a little. Also when i was at a garden center this past weekend, they had the same kind of trees in the same pots but the trunks were much thicker that mine so i dont think i will worry about repotting for a while!

Avoid the following trees because they have shallow roots that push up and crack paving: Norway, Sugar, Silver or Red Maple; Pin, Live or Willow Oak; American Elm; Ash; Beech; Sweetgum; Tulip Tree; Hackberry; Poplar; Cottonwood; Sycamore; Plane Tree; Willow; and River Birch. Tillia Cordata "Littleleaf" (Littleleaf Linden) is hardy to zone 3 and provides dense shade. This cultivar supposedly grows 30 to 50 ft. with a spread of up to 30 ft. Fragrant, creamy yellow flowers in drooping cymes appear in June. Honeydew and bird guano are a constant threat with parking under trees. That does not mean these problems will be overwhelming. Your first problem will be waiting for the tree to grow large enough to cast shade. Make note of where the sun rises and sets. It's much better to have shade in the afternoon when the temperature is highest.