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As built survey requirement

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Southfork13

Junior Member
Alaska real estate contract line:
"Survey, as built survey, or recertification of survey shall be dated on or after 8/20/15, OR (little check mark box not checked) as required by lender."
If the lender doesn't require a new survey, am I still obligated to get a new survey?
Thanks
 
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latigo

Senior Member
or
Alaska real estate contract line:
"Survey, as built survey, or recertification of survey shall be dated on or after 8/20/15, OR (little check mark box not checked) as required by lender."
If the lender doesn't require a new survey, am I still obligated to get a new survey?
Thanks
What you as the seller would like it to mean is that you are to provide buyer with an as built survey, etc., "unless" not required by the lender".[/I]

However, it doesn't say that. What it says is that if the lender does not require an as built survey etc., than you as seller are bound by the first alternative, being to provide the same a recertification of one existing. Or if the lender requires something else, then you do that.

But obviously a new as built survey is not necessary if there is one available for recertification.

Its a lousy bit of legal draftsmanship and whoever is responsible should find another line of work. But that is what one gets for pinching pennies and using boiler plates. One shoe size doesn't fit all feet.
 
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