Does a seller always have to provide the survey?
05/17/2016 | Author: TAR Legal Staff
I had a survey of my home done when I bought it five years ago. Now I’m selling my house, and I can’t find it. Am I responsible for providing the survey?
It depends. If you’re using the One to Four Family Residential Contract (Resale), look to Paragraph 6C for your options. There are three options within that paragraph related to whether the buyer or seller must provide the survey and when they must do so.
Carefully review these options before selecting a check box in Paragraph 6C. Talk to your Texas REALTOR® to learn more about your options and the steps you should take in your transaction.
Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions can be answered.
TAR provides the Residential Check List and the T-47 TAR 1907 is one of the items on the check list. I use this with every listing and have been from day one as long as I’ve been a REALTOR.
Super good point Felicia…. I almost fell into that trap very recently. I forgot to get the T-47 to my Seller. I was saved from my negligence by a Lender that required a new survey even though ours was good. They ordered one without even looking at our Survey. Whew!!
The Listing Agent who took the listing and didn’t advise the Seller that a T-47 is obligated may be expected to pay for the survey if one is ordered.
The comment from Felicia Peters said if the listing agent doesn’t get the T-47 filled out and notarized they may be obligated to pay for a new survey. Were you talking about the Sellers or the listing agent?
I tell my sellers only to convey the survey if they are certain that there have been no changes like new a patio or change in fence line. The buyer is the one who needs the survey for their lender and an old survey is only warrantied to the person who paid for it. So, if there is a mistake, the buyer who received the old survey has no recourse. Furthermore if the listing agent doesn’t get the T-47 filled out an notarized they may be obligated to pay for a new survey!
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