PLEASE HELP- Contract Question/ Breach?

[Anonymous]

Hello All,

Thanks for taking the time to read my post. I am fixing to close on a loan to buy a vacant acre property. The seller and I signed the contract about 2 months back. There was some light brush and grass in the property when we both signed the contract. In the contract, he agreed to "mow the property" prior to closing. I have looked at the property, and I am not satisfied with the job. It seems he only cut the grass around the trees, which are now double the size they were initially. Do I have any say so about this? Can I refuse to close. The broker knew exactly what I wanted, yet pulled a fast one, and I fell for the "clause" (pretty dumb) of "mowing the property". I've looked at the definition of "mow", which is - cut down vegetation....What can I do?????

The seller is refusing to do any further... cause he say's "he already cut the grass"...

THANKS

[Jazzzy]

Do you still want the property?

[Anonymous]

yes and no.... after going back and forth with this person, I'm kinda feel like it doesn't matter.

What are my options?

Thanks

[Walt_K]

I'm confused.  You want trees cleared?  And the trees are double the size?  I assume we're talking saplings?  Based on your description of the contract, I think you are going to have an uphill battle with this one.  Your contract probably has some sort of integration clause or merger clause stating that it is the complete and final agreeement between the parties.  Check near the end.  While not necessarily dispositive, it's one more hurdle for you to show that even though the contract says he will mow the property, you had agreed otherwise that he would clear trees and brush.  And it may be harder for you if the alleged agreement to clear the property came before you signed an integrated contract as opposed to after the contract was signed. 

How much work are you talking about?  You're probably going to have to consult an attorney that can advise you on your state's contract laws.  If you walk, you might risk the seller suing you.   

[Anonymous]

Ok thanks,

After he accepted the offer, and we both signed the Unimproved Property Contract, it states that the seller will mow the property prior to closing in the Special Provisions Section.

We have been getting plenty of rain, which made the brush double in size.

The seller did not want to hire anybody to deal with it, until he knew that the financing would go through. It won't cost much to do it, about $ 300 dollars, but I just don't want to get "punked" of something that he was supposed to take care of. I am tempted to walk away, but I don't want legal action against me. I would go legal, just the cost would be higher than the cutting of the vegetation...

[Anonymous]

oh, forgot to mention, it's only a 1 acre property...

brush occupies about 3/4 of it

[203bravo]

How much earnest money do you have on this property?  300$ for someone to come bushhog a 1 acre property seems on the higher end (depending on where you live).. But one would have to ask - how do you intend to keep the property cleared after closing?

Just seems that you specified that the property be mowed (this usually refers to the grass) and that was done.. Is it really worth walking away for 300$?  A personal choice that only you could make.

[cdtotten]

Seems like an uphill battle you would likely lose.

It doesn't appear the seller has breached the contract in any way - you stated he must cut the grass, he did. It sounds like you are trying to find a way to back out of the contract.