Problem with builder..Advice? (Star: appointed, attorney, new home)

[himain]

Ok so I purchased my Lennar home in May. I don't have a large backyard at all. However, I do have some grass and then some woods which is a pretty big common space that leads to another subdivision. Maybe 50-60 feet between us? Ok here's the problem. On my property is a tree that is now hitting the house and is a real threat. There are dead branches that are dangling. I got quotes to fix the tree and clean the area up-something Lennar should have done. Well all 3 quotes were for $1000 each. One guy told me he was already out here to give a quote on trimming the entire row behind these houses. My construction manager was on site so I grabbed him and asked him about it. He said it was true and was getting quotes because another new homeowner is having the same problem with the tree hitting her house. He would let me know asap.Fast forward to last week, my construction manager is no longer with Lennar as they aren't building anymore houses and I have a feeling this community will be over soon but thats another issue. So I had to contact Lennar 3 times in order to have some Sr construction manager call me. He told me that Lennar doesn't normally cut down trees and he'll have to get back to me on that. However, in the meantime, the tree is hitting my house especially on Monday when it was really windy. I'm afraid it will do damage to my roof. If Lennar tells me no what do you suggest I do? Should I have the work down and go after Lennar in small claims court? Get with the other homeowner and get an attorney?? I don't feel I should have to pay $1000 for something Lennar should have taken care of in the first place. Especially since it needs to be done ASAP. (Merry Xmas to myself again-see other post) Sorry for the long rant.

[Metallisteve]

IF the tree is not on your property, I would send them a certified letter stating that you'd like it trimmed and you're holding them 100% responsible for any damage caused by it (including falling over completely and/or rubbing on the house). I don't know if it's an old wive's tale, but I've always heard that needs ot be done if you're going to have any legal recourse.

If the tree is on your property, you may be on your own unless there is some warranty verbiage that specifically calls out landscaping...and even then, I believe tree trimming may be a bit of a stretch to make a warranty claim on.

Is this a large oak or something that can't be trimmed by a normal pole saw? Is there absolutely no way for you to trim it enough on your own to get it away from the house?

[himain]

It's on my property line and there's NO WAY of doing it myself. This thing is taller than my two story house.

[travlingrlclt]

If it's on your property then you will be the one responsible. If you didn't have it addressed before closing of your house then it sounds like you out of luck. You own the property and the tree so if you want something done to the tree you have to have it done yourself.

[brokensky]

As others have said, unless you made removal of the tree a stipulation of your purchase of the property, you are on your own. Same thing happened to a potential neighbor of mine (two houses over). The seller refused to pay to remove the tree (over $2000 cause they had to get a crane in to do it) and so the deal fell thru. We were so disappointed b/c we had talked to the potential new owners twice and really liked them . . . House sold to someone else and he had to take down the tree himself in October - still working on chopping up some of the wood. And yes, he had to get a crane in and had to pay for it himself.

Feel lucky if you don't have to get a crane. Start at $2000 for that. We had to have one removed at our mountain house and it cost us $2700, and I bargained down to get it to that figure.

[himain]

Nope we got written quotes for $1000 so I would hold them to that. Good lord, between my cracked windshield and this, it's just bad timing!!!! Going to drink now

[Metallisteve]

I'd think you could at least trim the smaller branches that are doing the immediate "touching" with a simple pole saw...at least to avoid the imminent damage. I'm talking one of the saw on the end of an extension pole...usually has a loper and a curved saw. I have one that reaches maybe 14' or 16' up, plus my reach puts it at around 22' to 24' up. Maybe there's a second floor window you could pop the screen out and saw with the pole from inside (NOT hanging out of the window).

[himain]

LOL Metall-Knowing my and the bf's luck, it would fall and kill one of us. I'm just going to have the professional do it so its done right and no one gets hurt. I'm still waiting on Lennar to contact me back on the matter anyways. Obviously if they were already getting quotes, something was in the works. Fingers crossed!!

[CouponJack]

I disagree w/the above responses. That is incorrect when you say just because its not in the contract, they won't do anything about it. Believe me, I've had my share of "cosmetic" issues that "technically" maybe have been my responsibility, however if you make a good case, push the right buttons, & threaten responsibly, you can get people to do stuff for you. Its not in my "nature" to roll over if I feel strongly enough that it wasn't my fault. I feel that this situation might possibly fall into that category because they should've cleaned that up from the start.

There are tons of things you can do to get the builder at least not want to make this a bigger deal than it has to be. First, I would follow up w/the new construction manager (in a calm tone) and explaint to him again the history (without rambling of course). Listen to what he has to say and do not take "no" for an answer. If he doesn't give you the answer you like, goto his boss. Tell him you are an extremely unsatisfied customer and was given every reason to believe from the former manager that this would've been taken care of. Now I'm getting a different story and its not right. These are just some things that are rolling in my mind..obv you can think of more since its your direct situation.

Again, the KEY is getting your point across w/o being a bulldozer (yet) if you know what I mean. Have a list of reasons why the tree might be harmful. Get your neighbors together and think this through.

I would Never roll over in situation like this. You have to be PUSHY because it will cost the builer time and MONEY. They don't want to use resources on you. The squeaky wheel will ALWAYS get the grease.

Good luck!!!

[brokensky]

Jack is the man. If he has had success - I would follow his lead. Even if it gets you nowhere, at least you tried. And if you are successful, it will save you a hunk of change.