What an unethical or sloppy nursery to sell such trees. I would cut the twist tie at the trunk line and you will probably be alright. As for the stake... another stupid thing for the tree producer. Leave the stake, but about every 2 months lower the ties about 3-4 inches until you can remove them entirely. And, most important... NEVER order trees from this seller again... and TELL your friends.
I am a walking advertisement for things I like, as in Four Winds Growers; and I am the worst nightmare of businesses I don't like... Tell EVERYONE.

Thanks John, yeah I was not very happy about this.

contact the seller, explain the problem, then ask for a free replacement of a tree without embedded ties or other defects..

What John said. And what Jean said, just in case. Send that grower photos.

Patty S.

So...contacted the seller, sent a photo. I was told that this happens sometimes and that I should cut it off.

I will not be ordering there again. Their loss, I buy lots of plants.

Who was the seller so others can be sure not to order from them?

Meh. It's not going to harm the tree, and is probably less of a risk than the places that occasionally leave the grafting tape on a tree.

The tree not being able to hold itself up is much more of a concern, I would not want to order a tree from where ever you got that tree from.