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Option periods, falling trees
Ask George & Chuck

Option periods, falling trees

George Stephens, CRB, and Charles J. "Chuck" Jacobus, JD | Advice columnists

Aug. 16, 2010

Dear George: Shortly after closing on my home, the next-door neighbor informed me that a large tree on my property was splitting down the center. It appears the tree will eventually split and could collapse on my home and my neighbor's. The neighbor claims that the seller knew of the problem, but the seller didn't mention the tree on the seller's disclosure form. Do I have any legal recourse to be reimbursed for the repair of the tree?

Answer: Rather than wasting your time and money suing the seller, hire someone to fix or remove the tree. It'll probably be cheaper and definitely be less stressful than a lawsuit. Ask your neighbor if he'll contribute since it's in his best interests to have the condition corrected.

Dear George: When does the option period begin in a contract?

Answer: The rules of the Texas Real Estate Commission state that the option period begins on the effective date of the contract, as filled in by the broker.

E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.

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