Trees, perennials and flowers are among the plants that can add to a property’s curb appeal. How the home looks to potential buyers can influence whether they choose to make an offer and how much they agree to pay to acquire real property.
Outdoor spaces influence quality of life and the use of the property, not just the appearance of the home. In some cases, sellers may have heirloom rose bushes or plants that they have maintained for generations, which carry emotional value.
Can sellers remove plants from a garden or yard when they leave the home as part of a residential real estate transaction?
In-ground plants should remain at the home
As a general rule, any plants permanently installed by planting them in the soil transfer to the new owner during a real estate transaction unless the sellers made plans in advance. Sellers should not dig up the perennial garden in front of the house or remove a tree that they like without making prior arrangements with the buyer to accommodate those plans.
Sellers can provide written disclosures advising of their intent to retain certain outdoor plants. They are also free to remove any houseplants and outdoor potted plants that are personal property, not technically part of the home. Buyers may also need to be proactive about communicating their desire to retain certain plants to avoid disappointed expectations.
Learning more about what sellers can and cannot remove when vacating a property can help everyone set reasonable expectations and communicate effectively. A real estate attorney can help buyers hold sellers accountable for removing items from a home that should have remained behind for the new owners.