Oct. 12, 2009
Dear George: I'm buying a house, and neither I nor the seller are using a real estate agent. The seller's lawyer, who is handling the paperwork, says that I need to have a survey done on the property. Is this true?
Answer: The seller's lawyer has an obligation to represent the seller's best interests, not yours. Consider hiring someone to represent your interests, such as a REALTOR® or attorney. Having said that, the title company requires a survey to provide you with a title policy; it's up to the title company whether to accept an existing survey. It's a good idea to have a new survey done, as it shows items such as encroachments, boundary lines, easements, and other matters that can affect your rights of ownership.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.