House not closed..buyer put down bark w/out asking

16 years ago

We got an email from our agent. The buyers went up to our home over the weekend and spread a couple of bags of bark dust over the sprinkler system because they were worried about the pipe freezing. The house is vacant, but is under the care of a weekly landscaper. We are set to close on the 17th of this month.

On the one hand, I'm happy that they are committed to buying the home and are treating it as their own. But, it kinda bothers me that they did this without asking. Was it inappropriate?

Comments (33)

mfbenson
16 years ago
"The house is vacant, but is under the care of a weekly landscaper."

Ok, so if the buyer didn't put the bark down the landscaper would have had to. What possible difference does it make to you?
calliope
16 years ago
I suppose it must be in the back of your mind what other things they may feel free to do before the ink is signed.
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kec01
16 years ago
If you have a problem, speak to your realtor and ask that all things of this type be run by you before closing.
theroselvr
16 years ago
I would have a problem with it. I understand that they will own it and are treating it like their own but they don't own it yet. If they want access to the property, they should be letting you know.

Do they want to move the closing up?
cordovamom
16 years ago
Was it inappropriate? yes. Is it something to get upset about? no. I wonder if they got permission from your realtor since he seemed to know they did it and also the reason they did it. If the buyers did it without your realtors knowledge then he/she might have assumed it was done by the landscapers. So something tells me the realtor told them it would be okay.

I'd send an email to your realtor telling him/her to run anything else by you before the new buyers make any more changes to the property.
sue36
16 years ago
My guess is they know the house is vacant and were worried about a freeze. They probably figured that by the time they contacted their agent, and he contacted your agent, and that agent contacted you and they got an answer back (again through the agents) it would be too late. And they were probably correct.
talley_sue_nyc
16 years ago
It's also not a permanent thing--if the closing hadn't gone through, nothing was permanently damaged.

But I would express some concern, and ask your agent to stress to their agent (or however communication is going in your situation) that you'd like to be ASKED and to have the opportunity to say no.
dreamgarden
16 years ago
Its NOT their house, yet. Did they know you have a landscaper? If they had a concern, they should have asked for permission first. I don't care if you were having a hurricane, etc.

What if they fell and broke a leg while doing this? Do you want the liability that comes with people tinkering with your property without your knowledge or permission?

I'd most certainly tell the realtor that they are not to make ANY other changes until they officially own it.
becca06
Original Author
16 years ago
Yes, they know we have weekly landscaping and specifically requested that it continue until closing. The yard is well maintained and I doubt this was necessary to keep the pipe from freezing.

The closing can't be moved up because they are taking money out of their IRA to pay for the home. We can't close until they receive the money.

They didn't ask the realtor for permission to do this. They "notified" her via email they had put down bark over the weekend.
jasper60103
16 years ago
For what its worth, you may want to make sure the sprinkler system was blown out before it freezes.
hobokenkitchen
16 years ago
Hmm, it does sound a little cheeky, but not worth causing a problem over.

Perhaps you could convey a message back to their agent thanking them for spreading the bark, but requesting that they run ideas through you before putting them into action in the future due to liability concerns.

I know you probably don't feel like thanking them (!), but it's a pleasant way to convey the message that you want notification before any other 'improvements' take place prior to closing, and why.

Good luck!
qdognj
16 years ago
I'd be careful how i approach this...Yes, they should have asked if it were ok to "protect" your irrigation system from freezing, but if it had froze, you'd be out of pocket some $$$$..As another poster pointed out, has the system been winterized?..I'd take the placing of bark?(do you mean mulch?)as a good sign that the deal is ggoing to go foward, and that alone would make me very happy :)
xamsx
16 years ago
On the one hand I'd be concerned because "what if" something had happened while they did this.

On the other hand, since nothing did happen I'd be THRILLED that they cared enough about this property to do something (although why bark instead of having asking if the system had been blown-out is beyond me) to "prevent" (still not sure how the two bags of bark would prevent a line freeze) damage to what they now perceive as "their" property. Looks like you'll be closing on the 17th.
susana_2006
16 years ago
WhenI sold a house in So. Calif. a few years ago, I had to be out of the home for 3 days so that they could fumigate for termites. The house was a few weeks from closing. I found out from neighbors that the buyers spent a whole day pruning trees and shrubs.
It turned out OK then -- they did buy the house. (I don't think it's OK now because I keep getting notices about tax not being paid) But I did feel that it was pretty nervy of them.
Susan
mfbenson
16 years ago
"What if they fell and broke a leg while doing this?"

The seller is already taking that risk with the landscaper on the property. In fact it is an even greater risk because the landscaper is there WITH the seller's knowledge.
chisue
16 years ago
Um...I don't get it -- what good does this bark do? Here we have our underground sprinkler system blown dry before the ground freezes. You mean they put bark all over your lawn? (How would they know where the pipeHow will your landscaper be able to work around this stuff? (Sorry, I just don't understand.)

And, no, they had no business doing this. It's your house until the day it's theirs and that day hasn't come. What else do they think they need to do to 'protect' your property?
theroselvr
16 years ago
The seller is already taking that risk with the landscaper on the property. In fact it is an even greater risk because the landscaper is there WITH the seller's knowledge.

Hopefully the landscaper has his own insurance.
becca06
Original Author
16 years ago
I don't quite get it either. The sprinkler system was prepared for winter by the landscaper over a month ago. Had they asked for permission, we would have told them not to bother.

I'm not even sure where they spread the bark.....and, no, they didn't call it mulch. Their email only stated that they spread 2 bags of bark to keep the sprinkler pipe from freezing. The property is over 2 acres and has a pretty substantial sprinkler system.
quip
16 years ago
It's done, so why sweat it now? Have a beer and a good laugh at the idea that a couple bags of bark would do anything on a two acre property. Have your agent thank them for their concern while informing them that the sprinkler is already winterized.
muddbelly
16 years ago
Sounds like they plan to close. What - you want them to pick up the bark?
mfbenson
16 years ago
"Hopefully the landscaper has his own insurance."

He probably does, but there's nothing to stop the landscaper's insurance company from coming after the homeowner's insurance company (or suing the homeowner!) to recoup their loss. Umbrella insurance can protect homeowners from this, plus certain homeowner's policies include a limited amount of liability insurance.

" Their email only stated that they spread 2 bags of bark to keep the sprinkler pipe from freezing."

Maybe there is an exposed pipe or shut-off valve up near the house? Oh well, it probably doesn't hurt anything.
kudzu9
16 years ago
Unless they are starting to remodel, or installing or removing landscaping, I'd let it go. Save your concerns for big problems...this is not a big problem.
chisue
16 years ago
I don't think it's a big problem, but this behavior needs to be 'headed off at the pass' -- before the buyer does do something big.
becca06
Original Author
16 years ago
I agree, this isn't a big problem and not worth mentioning.

In other news, the final walk-thru happens today. We planned to be there, but the freeway is closed in our area due to intense flooding. We also heard yesterday that the closing date is moved up to next Thursday. It will be such a huge relief to have this over with.
dreamgarden
16 years ago
chisue wrote: "And, no, they had no business doing this. It's your house until the day it's theirs and that day hasn't come. What else do they think they need to do to 'protect' your property?

Good point.

As a (polite) buyer, I would assume that becca06 didn't suddenly "forgot" how to keep up with the maintenance on her house. Why else would she have a landscaper? Its presumptuous to act like something is yours BEFORE the fact.

becca06-I hope your closing goes smoothly. With behavior like this, I'd be on high alert for any other changes they might want to make (lower price?) at the closing. Wishing you luck.
becca06
Original Author
16 years ago
Found out today that the buyers actually attended the homeowners association meeting last week. Not sure how they got the information on the meeting, as it certainly didn't come from us.

How bizarre is that?
talley_sue_nyc
16 years ago
I live in a co-op, which is sometimes a little like an HOA. We are a private corporation, and we would NEVER allow anyone who wasn't a member to attend a shareholder's meeting without a proxy statement. I don't know about the board-of-director's meeting. Maybe not there unless you're a shareholder or legally appointed to represent one.

Does your HOA allow non-residents/non-members to attend meetings?

But i can understand them wanting to attend, esp. if there are few meetings.
kudzu9
16 years ago
becca-
It may be a little surprising, but it doesn't sound like a bad thing. It's obvious they are really into the house and want to hit the ground running. I'd be happy to have a buyer that seemed so committed...
jy_md
16 years ago
Found out today that the buyers actually attended the homeowners association meeting last week. Not sure how they got the information on the meeting, as it certainly didn't come from us.

How bizarre is that?

It's a little bizarre but not necessarily a bad thing. I met a couple like this once. They were just the type of people who get very involved once they make up their minds to do something. Now for you, it sounds like they are committed to buying this house and making the deal close.

The couple I knew also attended a homeowners association meeting either before they closed or soon after they closed. The funny thing was - it was the WRONG association.

Talley Sue, I don't know how coop meetings work but if the HOA is small enough, some neighbors may already know that this couple are buying becca's house and allow them to stay for the meeting.
qdognj
16 years ago
Be very happy these buyers are so involved..This deal looks like a sure thing, and in todays market, a "sure thing" is very,very rare
mfbenson
16 years ago
"Found out today that the buyers actually attended the homeowners association meeting last week. Not sure how they got the information on the meeting, as it certainly didn't come from us.
How bizarre is that?"

Actually that sounds like a good idea to me. It would let me find out what the neighbors are like before buying in a neighborhood that I'm considering.
becca06
Original Author
16 years ago
"Actually that sounds like a good idea to me. It would let me find out what the neighbors are like before buying in a neighborhood that I'm considering."

LOL! We were really hoping to keep the buyers from meeting the neighbors, as they are quite a difficult, dysfunctional bunch. Our HOA meetings are typically held at the office of the HOA attorney because they are so contentious.

Oh well. The buyers commented that they enjoyed meeting the neighbors so everyone must have been on their best behavior.

7 days until closing :)
beachlily z9a
16 years ago
Why are people so suspicious? The buyers appear to be happily anticipating living in their new home and in their new community. This bodes well for the closing.

House not closed..buyer put down bark w/out asking

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