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Well, I'm not a real estate agent but I've sold seven homes in my lifetime and never had to move a closing date -- PA, CA, NJ and FL. I've always had agents that were on top of everything. It seems that every time something has gone wrong in your sale, like your pictures are horrible or Zillow's not updated or the paperwork is incomplete for the closing, it's never your agent's fault. Maybe some actual agents can chime in and give their opinion here.
OK, so how was our agent supposed to make the buyer do a survey? Her agent and lawyer SHOULD have know to do that. I had less issues with the cash buyer at my late parents house than I do for this cash deal. I can't tell you why the buyer waited until 4 days before closing to go get title insurance? How is that my agent's fault? Or the title company three times sent the request of the municple to the wrong place? That's my agents fault?
I didn't have ANY of these issues the first place we sold. It went smoothly. I imagine the issue is that the buyer's boss may be an attorney, but not a real estate one according to the website. So the buyer has had bad advice from the boss. Instead of hiring a real estate attorney.
Maybe it's not the case in NY, but although almost everyone probably should get a survey, I thought you technically didn't NEED one. In my area at least you can still get title insurance without the survey, it just won't cover issues that a new survey would have uncovered.
Anyway, I would kinda agree with the comment that your agent probably could have helped prevent this. It's not her "fault," but she could have been in close contact with the other agent to confirm everything was getting done. Has the survey already been scheduled?
Note also that most of America (in terms of population) lies in cities and suburbs where surveys are a matter of record and were cast in concrete when the housing tract was built.
In two cities I own property in the lots are fully described and surveyed in county records. Any checking is a mere formality presumably done by the title company.
I can imagine it is quite different in rural America.
Maybe it's not the case in NY, but although almost everyone probably should get a survey, I thought you technically didn't NEED one. In my area at least you can still get title insurance without the survey, it just won't cover issues that a new survey would have uncovered.
Anyway, I would kinda agree with the comment that your agent probably could have helped prevent this. It's not her "fault," but she could have been in close contact with the other agent to confirm everything was getting done. Has the survey already been scheduled?
I guess the title insurance company they are using is requiring one. The buyer didn't WANT a new survey done. They tried to use our survey to pass onto the title company, but they nixed it. Our agent was checking up with theirs constantly. Our lawyer too. It was the buyer's attorney that was trying to rush it though-he wanted a two week closing after the deposit. Didn't happen.
Survey is scheduled for Tuesday-in the middle of a upcoming snowstorm. Sigh. We had checked before we moved out all our pins were still in place-they are. My folks did steel rods sunk into concrete at ever corner when they had the property surveyed. Been in place since 1973.
Note also that most of America (in terms of population) lies in cities and suburbs where surveys are a matter of record and were cast in concrete when the housing tract was built.
In two cities I own property in the lots are fully described and surveyed in county records. Any checking is a mere formality presumably done by the title company.
I can imagine it is quite different in rural America.
We aren't talking the boonies here-it's totally a suburban area.
Common sense says when buying property, get a survey. Little things crop up you wouldn't expect. Our new house has a easement for the road to be widened at some point. We'll lose 5 ft. It wasn't a deal breaker.
I bought a house in MA in the 80's and I never had a survey done. The owner walked me around the property and showed me an in the ground granite block and said that was the boundary line between the next door neighbor's property. When I sold it in the 90's, the potential buyer had a survey done. Well low and behold that marker was an "survey reference point", not a boundary line. Turns out part on my driveway was on the neighbor's property.
We all scrambled about and we agreed to do a boundary line shift to the point of the granite marker. I picked up some land in front and the neighbor picked up some land in the rear (wooded) with our lot sizes staying the same. I paid for everything which cost me about $500.00 at the time.
Imagine the hassle with a non-cooperative neighbor.
Again, more delays. Buyer FINALLY got the municipals to the village YESTERDAY. NOW, the survey came back. Said that the neighbors fence is on our property by two feet. Fence on the other side is encroaching on what was my parents property. The village put a berm in front of the property with asphalt as the water wasn't draining into the storm drain-and the berm is on the village property and get this-the overhead power lines go over my property along the edge of the street. Title company WON'T give the title because of all this.
The fence from the neighbor if the fools had looked was leaning there as the next door neighbor and I combined to take down a dead tree and it was down because it couldn't be put back in the ground due to the hard freeze. The other was because we had the fence up to the garage. SO my solution-at this point send someone I know in with a hack saw and take the darned thing down. Nope, they need the neighbors to sign affidavits to give permission for all this. I say take the fence down and let the buyer put up their own. It's a fricking chain link fence. YOU KNOW she'll replace it with a stockade type as all transplants from LI do anyway. Oh and they found a OPEN CO from the former building inspector from 1992-when we CLOSED on the house.
So again, we can't close. My agent, attorney and I are spent. I was on the phone for over 4 hours today, they were on it for longer. For a cash sale-this is starting to be BS. Both places sold on either side of us and NONE OF THIS CAME UP on their title searches. We also noticed-the survey they had done is SO OFF! It's REALLY BAD. Doesn't even match the other three that were done-one in 77, 92 and 97. I just don't get it.
After delays from the buyer's title company and jumping through hoops on our end after they botched the survey, we close on Monday. There was a issue of the neighbors fence that the survey crew believed was on our property. If the nit wits had been there without 2 feet of snow, they'd have seen the pvc fence was NOT attached as a tree on our property lines had been taken down(stump was buried under the snow) and the fence moved away from the take down. Ground was frozen and couldn't put the fence back and was leaning up against ours until he could put it back up this spring. Had to get them sign a notarized affidavit about not encroaching no issues Yadda Yadda. It was beyond stupid. Both houses on either side had sold since 2012 and had no issues with their survey's or title companies when they closed.
At least there's a light at the end of the tunnel. Over and done with it all on Monday.
Thank goodness! What a long drawn out process. Congrats!
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Oh and they found a OPEN CO from the former building inspector from 1992-when we CLOSED on the house.
