William Feela, Realtor, Whispering Pines Realty 651-674-5999 No.  (WHISPERING PINES REALTY)

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Rainer
281,328
Caroline Gerardo
Sun West Mortgage Corporation - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

I have seen this in a contract. The house had eight acres of avocados. The trees are slow growing and after ten years Sellers expected a decent crop. The contract specifically stated buyer had to irrigate the trees a certain amount of gallons per week,  the Seller would be allowed access to the property four times to inspect before harvest and again staggered.  I had them set up a seperate insurance policy as seller and labor would be on ladders - it all went well. The buyers wanted seller's ongoing input to make a little money from the trees and they have a barbeque at harvest when all are invited. I'm a fan of organic gardening and even have rose patents - I always attend the BBQ

Mar 02, 2015 04:41 AM
Rainmaker
1,431,803
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I don't have a good answer.  It has never been an issue.  But I wonder if we have anyone that does agricultural real estate that might have an answer as to how it is done on a large scale.  I think all of it comes down to negotiations.  

Mar 02, 2015 03:43 AM
Ambassador
4,846,855
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

sounds like a good question for those who handle a lot of farmland.
my thoughts are that all assets are negotiable

Mar 02, 2015 03:25 AM
Rainer
140,556
Greg Kilroy
Keller Williams Sonoran Living - The Velocity Group - Paradise Valley, AZ
the Velocity Group

One more subject that we have to remember to address in writing to avoid a disagreement later. I'm sure someone in the AR community has developed a good list of all the ways a good agent will bullet-proof a transaction. It would be a great tool to have on hand when the commission-ectomy subject comes up. I'd love NAR to do a better job of educating the public on all the things a great agent will do that never gets noticed, we just prevent bombs from going off right up through the closing.

Mar 02, 2015 02:50 AM
Rainmaker
522,522
Mike Carlier
Lakeville, MN
More opinions than you want to hear about.

They are personal property and belong to the previous owner. 

Mar 02, 2015 02:35 AM
Rainer
279,598
Dipti Thakkar
LAER Realty Partners - Andover, MA
On a team with Praful Thakkar

The new owner is the real owner.

Jul 09, 2018 09:51 PM
Rainmaker
4,798,978
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Not an issue for me.

May 13, 2018 05:31 AM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

It all depends what is negotiated in the contract. Most sellers are glad to leave it for the new buyers.

Dec 27, 2016 04:45 PM
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

parked and reading

Mar 27, 2016 10:32 PM
Rainmaker
532,794
Robert May
Robert W May - Lethbridge Real Estate - Lethbridge, AB
Real estate consulting

im just clicking back through some of the old Q and A's, looks like this one got lots of good answers.

Mar 01, 2016 01:56 PM
Rainmaker
144,517
Teresa K. Nelson
Windermere Real Estate/HLC - Woodinville, WA

Interesting topic. I am thinking that I should learn more about crops in my area. We are in "wine country" and harvesting the grapes could add to the sale price. 

Mar 06, 2015 01:01 PM
Rainer
509,713
Kimo Jarrett
WikiWiki Realty - Huntington Beach, CA
Pro Lifestyle Solutions

It depends on what is growing in the garden, doesn't it? In Colorado or Washington, a challenge could arise yet we won't know until it occurs.

Mar 02, 2015 12:18 PM
Rainmaker
588,686
Mary Hutchison, SRES, ABR
Better Homes and Gardens Real Estate-Kansas City Homes - Kansas City, MO
Experienced Agent in Kansas City Metro area

I have never thought of this situation before...probably b/c I don't sell farmland/large property!  Interesting question to ponder, learn something new every day here at AR!

Mar 02, 2015 11:06 AM
Rainmaker
290,629
Kathleen Lordbock
Keller Williams Realty Professionals - Baxter, MN
Keller Williams Realty Professionals

emblements

 (ˈɛmbləmənts)

pl n
1. (Law) annual crops and vegetable products cultivated by man's labour
2. (Law) the profits from such crops
[C15: from Old French emblaement, from emblaer to sow with grain, from Medieval Latin imblādāre, from blāda grain, of Germanic origin; compare Old English blǣd grain]
Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003
 William- you stated Spring Garden not crops and there is not much in MN that survives the winter and produces the next Spring. Regardless the sellers should refuse to sell their home to anyone and stay and take care of their garden or "let it go". 
Mar 02, 2015 07:02 AM
Ambassador
1,043,231
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

William, great question and of course I have three answers.

If  the new buyers don't like veggies, seller is in luck.

Get it agreed on upfront.

And lastly.... totally UN PC... sneak in and steal them if all else fails? 

Just kidding. I would say agree/get it in writing and hope for a good crop!

Mar 02, 2015 04:36 AM
Rainmaker
515,078
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Great question and some good answers.  .  All things can be negotiated of course. I would think it would remain with the property after closing date if there is a home involved. If there is just land,  then the purchase and sell (TN) (when listing the property) gives you an option to specify what happens to the crops

If a home is involved and the buyer agrees to sellers picking, there will certainly be a time limit of how long it will take and condition of property to be left in. Seller may just want to take what he can before closing and leave the rest behind.

Then again maybe the Seller is just happy to go and let's the fruits of his labor go with the purchase.

Either way the contract should state what will happen to the "fruit". So everyone is on the same page.

Mar 02, 2015 04:14 AM
Rainer
86,252
Mary Lawler
Realty Executives Advantage - San Diego, CA
Your Community Connection

In California, the plants belong to the new owner, but the harvest can be collected by the previous owner.  It always needs to be agreed upon ahead of the close of the sale.

 

Mar 02, 2015 03:43 AM
Rainer
50,169
Nora Sims
Northern Shadows Realty, Inc. - Sedona, AZ
helping folks like you since 1978!

While after the close of escrow all property that conveys belong to the the Buyer, it would be more prudent to negotiate this issue out from the onset.

Mar 02, 2015 03:33 AM
Rainmaker
359,222
Debra B Albert, PA - Keyes Realty
Keyes Realty Treasure Coast, 34986 - Port St Lucie, FL
Ron and Debbie 772.708.3292

Produce from the spring garden should be canned/frozen and presented to the new buyer.  Unless the seller just wants to split it.  How is the negotiation going so far?

Mar 02, 2015 02:54 AM
Rainmaker
409,822
M.C. Dwyer
Century 21 Showcase REALTORs - Felton, CA
MC Dwyer-Santa Cruz Mountains Property Specialist

Great question!   One could argue that produce is "attached" to the property, particularly if it is produced by a perrenial plant, shrub or tree, so it arguably conveys with the sale.      A "spring" garden sounds like something grown from seeds - still, given the roots, in my mind it's attached.  But who would pay for the costs to argue this?   In either case this would be Much better to have both parties agree to as part of the contract!

Mar 02, 2015 02:18 AM
Ambassador
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Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

William, what does the contract say?  Usually the fruits and veggies convey, don't they?

Mar 01, 2015 12:29 PM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

William Feela - now that's interesting! Could this be 'pro-rated' for derived income from this produce?

(Very rare occurance in suburbs of Boston)

Mar 01, 2015 11:43 AM
Rainmaker
1,398,287
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566

I have never had this happen but now watch it occur! 

Mar 01, 2015 11:40 AM
Rainmaker
4,444,587
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We have a paragraph that would address this situation, but have never had a Seller say they want to keep their produce.

Mar 01, 2015 11:12 AM
Ambassador
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Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

We do have paragraph in our purchase contract that addresses this issue. The original owner can retain the crops or not...depends on how you write the contract. 

Mar 01, 2015 09:33 AM
Rainmaker
5,007,183
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

William,

What a fun question.  I like Ron Marshall 's answer.  A

Mar 01, 2015 05:59 AM
Rainmaker
926,706
Ron Marshall
Marshall Enterprises - Saint Michael, MN
Birdhouse Builder Extraordinaire

Chief Cook had this issue.  once the house was closed on, the new owners got the pick of the garden.....the old owners had to get what they could before closing.

Mar 01, 2015 05:08 AM
Rainmaker
4,432,971
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I agree with Anna. 

Feb 28, 2015 10:21 PM
Rainer
390,319
Anna Hatridge
R Gilliam Real Estate LLC - Farmington, MO
Missouri Realtor with R Gilliam Real Estate LLC

The produce belongs to the new buyer unless it was negotiated prior to the sale.  Personally, I will take it off the buyer's hands if they don't want it!

Feb 28, 2015 12:29 PM