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To Survey or Not To Survey Published March 6, 2010 Buyers need a survey when purchasing real property. The Lender requires one and if paying cash, you should have one.The 1-4 Family Residential Contract, Section 6(C) deals with getting surveys and 6(D) deals with objections to the survey. Section 6(C)(1) must be checked as to who pays to update the existing survey. Should Seller miss the due date to get both survey and affidavit to Buyer and Title Company, then Seller just bought a new survey. Section 6(C)(2) and (3) cover agreed situations when either Buyer or Seller buys a new survey. Sellers should take special care completing the Residential Real Property Affidavit. New fences, decks or patios should be noted. Disclose it. Your Buyer and Title Company are counting on it. Buyers need the title commitment and the accompanying documents in Schedule B to fully know if there are objections to the survey. Utility easements created by the dedication deed or subdivision plat are not objectionable, though encroachments into them are. Other utility easements recorded of record may be objectionable, especially if Buyer had their heart set upon a backyard swimming pool. Make sure your survey and your title commitment match. This, too, has a due date for objections after which Buyer is deemed to have waived the right to object. These are dates often missed in the calendar of the contract, but they are critical and the ramifications could affect Buyer's use of the property. Next week: Who lived in my house years ago? David Bowers is President of the Galveston Association of Realtors® and is associated with House Company Realtors. Contact David at (409) 771-4637 or at david(at)davidbowers.com. - Written By David Bowers |
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