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Of course. But they aren't retained by the buyer... are they?
That's the difference.
The only thing worse than having a lawyer in the mix is when it's someone else's lawyer.
Have your own. And get a survey. And get title insurance.
They are an independent third party with an interest in the deal being done properly for both sides so that they don't end up on the hook for a title insurance claim.
They are an independent third party with an interest in the deal being done properly for both sides
so that they don't end up on the hook for a title insurance claim.
That's all well and good. The criticism/concern isn't the closing day clerical work as it occurs in most cases.
The point is about having an actual attorney client relationship established well in advance of the closing,
as in the before the offer is even tendered and then throughout all of the negotiation stages,
to consult with when the questions arise let alone when there's a real problem to sort out...
and to maintain all this WITHOUT even a hint of 3rd party entanglements related to it.
Last edited by MrRational; 01-29-2019 at 11:32 AM..
I really don't know anyone who gets a survey when buying a home here in MA. I'm sure they are done from time to time, but most of the purchases i'm familiar with are in neighborhoods with established property lines and existing fences.
The mortgage company does what's called a "mortgage survey" where they just take general measurements of the property and land, but if you want a full boundary survey with marked stakes, you are looking at more expense.
I didn't do a survey on my house when I bought it, but a year later was required by the town to have one to pull a permit on a new deck and replacing a fence (neighbor and I split it...no dispute over the line). Cheapest survey I could get was $1200 for 1/3 acre. many of my neighbors and new and in casual conversations with them, none had a survey done as well. Just doesn't seem to be typical in my area as part of the home buying experience unless their are issues. My Real estate attorney fees were only $900.
The seller stated they had a survey done and in addition stated there were no encroachments.
That is deceitful.
In addition I have testimony from the previous neighbour that he disclosed his survey results to the seller 6 years prior to the sale, that his driveway encroached on their property. I also have his testimony that they told him they decided not to disclose it in the sale of the property.
Years ago a seller "stated" that the home was a certain square footage. It was much smaller.
I did my due diligence, and verified the square footage and found the error.
Turns out the seller was told by the person that sold them the house the incorrect square footage.
I expect a majority of buyers do. surveys are very expensive and can take time, so what if you are considering between a few houses, do you have them all surveyed before making an offer?
$400 is not very expensive, and you survey during the inspection period after you sign the contract.
I find it hard to believe that NC is vastly different on this point:
title insurance does NOT cover matters of survey.
Vastly different from what? Title insurance insures that the buyer gets good title to the land described in the contract. Whether the described land is the same as what the buyer thinks he's supposed to be getting is not the title company's business anywhere that I know of.
Why do you think it costs $400 everywhere across the US for a survey?
Everywhere that does the process correctly (the way we know it can be done).
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