"Doug Kanter" wrote in message
...
Right....that's why we dig them up. That also lets the air out of Warren's
comments. They may be part of the landscape when they're growing, but they
have a slim chance of living through the winter, unless you have exactly
the right mini-climate right by the foundation of the house. Even so...not
likely.

Storm windows count as fixtures, too, even though they're removed from the
windows during certain seasons.

If it's the season that the storm windows aren't on the house, and they're
not stored on the property, the buyer should ask, but even if they don't,
they could still be entitled to the missing storm windows as they are
legally part of the real estate. If it's the season that the lily are
dug-up, and not in place, the buyer may still be entitled to the bulbs just
like the storm windows that aren't currently in place.

The OP has stated that they're going to be taking the bulbs before putting
the house on the market. But if the buyers are buying the house during the
season that the bulbs would normally be out of the ground, there is still
the possibility that they will be considered exactly like the storm windows
that aren't up in the off-season -- especially if there is an empty space in
the landscaping where the bulbs came from.

However, if some other landscaping replaces the missing lilies, you're into
a situation similar to a remodel. Just as a buyer isn't entitled to storm
windows replaced by new storm windows in a remodel, they wouldn't be
entitled to the old landscaping (the bulbs) when new landscaping replaces
them. (This, of course, would only apply to a situation in which the action
was taken before putting the house on the market.)

If the lilies are missing, and it's not the season that they would normally
be dug-up, then the OP could be safer in not replacing them with something
else, but I wouldn't say it's a slam-dunk. I can still imagine some valid
arguments the buyer could make in some convulsed situations. The deciding
factor in those cases may be the arguments made in defense of the missing
lilies, so it may still be advisable to put something else in that empty
space.

Would a buyer make a stink about missing lilies bulbs that weren't in the
ground when they actually bought the house? Probably not. But they might be
a gardening nut, and they might have knowledge that lilies have always been
in those empty spots. Or if they have a big case of buyer's remorse they
might include it on a "laundry list" of problems post-sale. But even if it's
unlikely that they're raise the issue, it is such an easy thing to plant
something in their place, or listing lilies (or lily bulbs) as a fixture
that is being excluded from the sale just as people frequently list ornate
chandeliers.

Why not do it right when doing it right is so simple? What's the incentive
do not do the right thing?

--
Warren H.

==========
Disclaimer: My views reflect those of myself, and not my
employer, my friends, nor (as she often tells me) my wife.
Any resemblance to the views of anybody living or dead is
coincidental. No animals were hurt in the writing of this
response -- unless you count my dog who desperately wants
to go outside now.
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