On the way to any closing, potentially troublesome things can come up. Mostly they have to do with repairs, and repair agreements, or financing, or appraisals, or surveys, or septic problems, or finding lost wells without falling in to them, or coordination of schedules, or jitters ...the list goes on. Most of the time, we REALTORS ® troopers that we are, get used to the roller-coaster ride and sail smoothly through the ups and downs while keeping all parties informed. Recently however, we came across an unusual obstacle that could have caused our transaction to go awry. It was large and unwieldy. It could have been a deal -breaker. And, it was alive!
It all started when the Sellers of an incredible home with amazing native landscaping with just one exception,simply forgot to include a family treasure in "Does Not Convey" section on the listing agreement. The Sellers decided after the fact that they wanted to keep a (real) family tree. They had transported it from another State where it had been grafted by the Seller's Granddad. As luck would have it, the Buyers actually had fallen in love with that very tree. There was magic in the air around it, they told all of us. It was the only tree that the Buyers remembered about the house when they returned to the frozen North. "Reddish and very beautiful'" they reminisced.. .. "If Mrs. W. really wants the tree because it is a family thing, I think she should have it, but it might break our hearts.," sighed the Buyers, disappointedly. And thus dangerous, belated negotiations began.
What was it worth? How do you put a price on history? How do you replace a tree with that kind of magic? Finally, a breakthrough. It would be very hard, but perhaps the Sellers could call a nursery and have them deliver a spectacular tree to replace it.... "They will likely have a hard time finding one that is as mature as that one, but it would be OK if it were "slightly" smaller. Honestly, we noticed it right off and were looking forward to having it!" the Buyers communicated.
"By the way," they added, "
If we are talking about the wrong tree, let us know." 
One of Asheville's Own Incredible Trees
Looks like the" right" one to some folks..... What do you think?
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Magic seeds turned into a magic tree and eventually it magically started a disbute between sellers and buyers.
I can see this happening. My Dad has a Japanese Red Maple that he grafted and brought home to Washington from Arizona. It has matured into a beautiful tree and sits squarely in the front of their property. If they were to sell, I know it would be an issue.
I am also curious as to what the costs for moving that huge tree were? Did it survive?
All's well that ends well.
Patricia Aulson...REALTOR.SEACOAST NH & ME
Hi Kelli... I bet your Dad sees the tree he personally grafted and transported and nutured as a Friend-of-a-gorgeous-kind. I have heard that trees actually communicate with each other. Maybe they talk with those who care for them, too(??) The tree that was transplanted did survive and is doing very well on a 40 AC horse farm. (see my note above to Richard)
Patricia..."all's well that ends well..." quoth the Poet...with Shakespearean glee.
Bryant...You know, you are so right...but what's a seller to do when she is certain that her tree "can communicate for defense...and was already drooping with abandonment anxiety"...?? =)
I'd leave the tree where it is, trees aren't very happy being moved.
Let the sellers get another graft from grandpa for their new house.
Trees are, indeed, magical. I can easily see becoming very attached to a particular tree, especially one with that history. Glad to know that there were TWO magic trees on the property, and they spoke to different parties in the transaction!
You wrote: What was it worth? How do you put a price on history? How do you replace a tree with that kind of magic? And that made me think. So I told you I would be back to see what you would have to say next week,
So I have checked back to see what you would write. There was this article "A Little Humor" on riding with a client that got me wondering if it was about me, until the guy showed up smoking a cigar. TLW said this was a masterpiece. I agree.