Small Claims - seller did not disclose encroachment (square footage, cheapest, negotiation)
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Yes and no... It's actually not common in our area to do a survey, unless there is some controversy or uncertainty about the property lines. Have only had one transaction where a survey was done... and it was on a vacant parcel with no clear markings at all... and the seller paid for it.
Use to run an Electronic Design operation which was split into two entities - one on the east coast and one on the west coast.
The standard joke was that we were ED-us and ED-them. Sometimes followed by an arrow separating E and W to determine which was which.
We all get property conveyed, from coast to coast.
Honestly, though, on this forum I witness a lot more confusion emanating from people who are using title companies as standard than using an attorney as closing agent.
Of course, there is a lot of confusion from the East, aggressive confusion, regarding the OP's circumstances and situation in this thread.
And, I see a lot of folks in escrow states who overstate the involvement and cost of a closing attorney in the East, or at least in NC.
Thanks all. I won the full amount in mediation. I will be signing off releasing them from further claims, but I feel the house is quality and should have no major issues. I had an inspection done at the time of purchase.
That's fabulous. So what did you get as "the full amount"?
I just had a "non-disclosure" RE situation and, although I know better, tried to get a bit of justice. The Sellers were clearly wrong and I have large amounts of proof. Just finished giving $2500 to the lawyer who was slow as molasses anyway.
Justice does not exist. It's a figment of our imagination.
I have been in business and RE investment for over 45 years and only used lawyers perhaps 3 times....and very little. I wear that as a badge of honor because I know enough to predict the results. I actually knew this was a waste of money but felt I had to at least teach the sellers a lesson (I'm sure they spent money too) and give them a chance to make things right.
Going to court is a krap-shoot. Judges know people...maybe they know the sellers, their agents or the lawyer for the other side and golf with them?? In small claims you usually have a few minutes - at most - to make your case.
It all depends on how many thousands you wish to spend. Ideally you can do arbitration..even the BBB has a program to do it or you can get more professional arbitration. Even arbitration will end up costing 5K plus (both sides total)....
When all is said and done - from a monetary perspective the best idea is often to do nothing and lick your wounds. Not always...but much of the time.
As far as the states of the SW US are concerned surveys are simply not done. There is no reasonable process to get one done at a reasonable rate. We also do not use lawyers in a normal transaction. They come in when something is broken. And all this works fine.
It is not a part of the normal due diligence. It may come up in an unusual property or one involving non platted real estate. But in the normal home transaction it is up there with hens teeth.
Texas counts as part of the Southwest, and I can't remember a closing in the last 14 years where a survey was not involved - it's part of our standard contract. (We are also a title, not attorney, state like most western states.) Either the seller provides to the buyer and the title company the survey they have within a specified number of days, and it is acceptable to title AND LENDER (who requires one), or it is not acceptable due to changes made since it was done and a new one is done paid for by either seller or buyer depending on what's negotiated, or the seller doesn't have (can't find and can't remember what title company they closed with to get a copy) the survey they got when they purchased the property and a new survey is done paid for by seller or buyer (negotiated).
Even if this were not the case, if the seller stated they had a survey the minimum of due diligence would require looking at it and not just accepting the seller's word as to what it says.
And you don't commonly use attorneys to represent the buyer and manage the closing.
I think ya'all are just plain foolish to accept that 'norm' in these matters.
WHEN there is a problem, in what for most is the largest financial transaction they've ever had,
what becomes the FIRST bit of advice they're told?
You do know that title companies have (and are frequently owned by) attorneys, plural, for the transaction, do you not?
Here, yes, if things go WAY south a real estate attorney is recommended. But the only case like that that I can recall in my 14 years as an agent involved a foreclosure and a bank that did not notice the extra person on the title of the house they foreclosed on until after they were under contract to sell the house to my buyers. (We walked on that one.)
Texas counts as part of the Southwest, and I can't remember a closing in the last 14 years where a survey was not involved - it's part of our standard contract. (We are also a title, not attorney, state like most western states.) Either the seller provides to the buyer and the title company the survey they have within a specified number of days, and it is acceptable to title AND LENDER (who requires one), or it is not acceptable due to changes made since it was done and a new one is done paid for by either seller or buyer depending on what's negotiated, or the seller doesn't have (can't find and can't remember what title company they closed with to get a copy) the survey they got when they purchased the property and a new survey is done paid for by seller or buyer (negotiated).
Even if this were not the case, if the seller stated they had a survey the minimum of due diligence would require looking at it and not just accepting the seller's word as to what it says.
True. Most of the time, at least for typical suburban/urban buys, you can use the plat survey that the seller has or is on file with the county, find the pins and eyeball the lines. Get into rural properties and, yeah, I'm dropping a couple hundred to make sure the property lines as described are actually what is in use.
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