can-you-take-garden-plants-with-you-when-moving?-a-lawyer-weighs-in
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Can You Take Garden Plants with You When Moving? A Lawyer Weighs In

ByStan S.

HOME BUYERS – To get the best exclusive listings visit www.vreg.ca and go to “EXCLUSIVE DEALS”

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Key Takeaways

  • Inform your realtor and potential buyers about garden plants you’ll take when you move.
  • Ensure the written contract clearly states that you are taking certain plants with you.
  • Real estate laws vary between states so check with a local attorney on your exact personal property rights.

You’ve spent years tending to the rose bush in your front yard and are dreading leaving it behind when you move next month. Not so fast—there are ways you can bring your prized garden plants with you as long as you abide by your state’s real estate laws.

We spoke with Patrick Loftus, a Chicago-based real estate attorney, about how to legally take your favorite plants with you from one house to the next.

Communication Is Key

In general, if you have your heart set on taking certain home fixtures with you, it’s better to decide and communicate about it as early as possible—whether it’s that beloved rose bush or your refrigerator.

“The best time to negotiate would be before accepting a buyer’s offer,” Loftus says. “Setting expectations is one of the keys to a smooth transaction. If you don’t want a fight on closing day, make sure you clearly communicate your intentions to the buyer in addition to putting it in the contract.”

You can get even more ahead of potential landscaping questions by proactively communicating with your realtor. That way, they can inform potential buyers if they inquire about your plants during an open house or private tour.

But regardless of how early you communicate your intentions to take any garden plants with you, everything should be written down.

Get It in Writing

Unfortunately, a verbal agreement and a handshake don’t go very far in real estate these days.

“Everything needs to be in the written contract when it comes to real estate,” Loftus says. “It’s a concept called Statute of Frauds here in Illinois. There’s really no other way to have an enforceable promise when it comes to real estate in Illinois.”

To ensure you’re staying above board, declare your intentions to take your landscaping with you in the buyer contract as clearly as possible.

“There is a section in standard contracts that realtors are provided that lists personal property that comes with the home at no additional cost,” Loftus says. “As a seller, I would make sure that box (landscaping and vegetation) was not checked before signing the contract.”

Exact verbiage may vary, so consulting with a real estate attorney in your area is always a safe bet before you finalize a contract.

Consequences of Sneaking Off with Your Plants

Yes, it can be tedious to take extra steps and negotiate your landscaping with a buyer, but breaching your contract is much worse.

“If you take property that was supposed to be left per the contract, you’ll probably be reimbursing the buyer for the cost to restore the property you took with you,” Loftus says.

Rather than risk that, you might as well just buy a new plant and start fresh in your new garden.

Bottom Line: Is It Worth the Hassle?

Moving is stressful enough—you’re already uprooting your life. Do you really need to uproot your plants, too? It all comes down to sentimentality.

“Removing and taking landscaping from your home is probably going to be more hassle than it’s worth in the end, but if there is some super special thing in the yard that you can’t bear to part with, make sure your intentions are clear,” Loftus says.

Real estate law varies from state to state and can also be subject to municipal code. Connect with a real estate lawyer in your area if you have legal questions prior to selling your home.

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