By Lydia Blair
Special Contributor

One of the most common mistakes and needless expenses that home sellers encounter involves the survey section of their sales contract. Despite the bold type and plain English, there are often disputes and confusion about providing a survey.

The survey section is on page 2 of the standard TREC contract. Paragraph 6C specifically addresses who will provide a survey and when it is due. Note that there are 3 options on the contract regarding the survey. One – and only one – of these options should be checked before completing the contract. The most commonly checked option is paragraph 6C (1).

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By Lydia Blair
Special Contributor

A hidden hazard on your property is not the kind of thing you’re going to stub your toe on. At least not the kind of hidden hazard that we’re talking about here.

In the title business, a hidden hazard is an issue that is not uncovered in a traditional search of property records. Most title companies are really good at finding potential problems in the research of deeds, maps and plats, mortgages, tax records, court records, liens, abstracts of judgement, probate and divorce actions, etc.

Issues that can be found by a typical title search are considered “discoverable.” These would be items like outstanding mortgage loans, tax liens, court judgments, utility easements, and such. Anyone with enough time, resources and expertise could likely find these things in court records and a search of the chain of title. Or they would find most of them at least. 

But even the most fastidious title search may not reveal a hidden hazard. Sometimes they are impossible to uncover until an event brings it to light.

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