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Seller Providing a Survey

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L

LandHelp

Junior Member
What is the name of your state? Florida

I just purchased 1.84 acres of land from a seller in Ohio. In the contract, it states the seller is required to provide a current survey to us, the buyer. Now, my question is, what is considered a current survey? There is a survey on file from 1985, but we had to pay an additional $1500 on top of that to update it. Is the seller responsible for the $1500 update and if so, is it legal for me to withhold my monthly payments to him? (The seller finances us)..
 


H

HomeGuru

Senior Member
LandHelp said:
What is the name of your state? Florida

I just purchased 1.84 acres of land from a seller in Ohio. In the contract, it states the seller is required to provide a current survey to us, the buyer. Now, my question is, what is considered a current survey? There is a survey on file from 1985, but we had to pay an additional $1500 on top of that to update it. Is the seller responsible for the $1500 update and if so, is it legal for me to withhold my monthly payments to him? (The seller finances us)..
Click to expand...

**A: in general, a current survey means a survey ordered during the time period of contract sale. In other words, a current survey os one completed "now" or at this current time. Certainly a survey done in 1985 is not a current survey. But it may be the most current survey that the Seller has.
Who wrote your contract, where is your Realtor, and why did you agree to pay for the update?
 
L

LandHelp

Junior Member
The contract was prepared by the title company handling the transaction. We paid for the update because waiting for the seller to provide one or argue with him about it is keeping us from getting all appropriate permits we need. We didn't use a realtor, I have consulted a real-estate attorney about the matter, but they must research the issue first. I was just wondering if anyone here has crossed this situation before.
 
H

HomeGuru

Senior Member
LandHelp said:
The contract was prepared by the title company handling the transaction. We paid for the update because waiting for the seller to provide one or argue with him about it is keeping us from getting all appropriate permits we need. We didn't use a realtor, I have consulted a real-estate attorney about the matter, but they must research the issue first. I was just wondering if anyone here has crossed this situation before.
Click to expand...

**A: you are incorrect and have not proviided all the facts. A title company DOES NOT prepare purchase contracts.
 
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