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Tuesday, June 6th, 2023
So I am working on a large boundary project which I have discovered has spotty deeds and few recorded plans. Turns out there are a bunch of monuments (7 found so far) with the seal of the company that set them. Additionally, while performing field work on the property, one of the sellers informed me that they have extensive title info which probably includes information related to the monuments. I informed my client's attorney whom subsequently reached out to the sellers attorney. Turns out that the seller's attorney confirms that the information exists but that the sellers are not willing to share any of it. My client's attorney pointed out that this is a violation of the P&S agreement. I did reach out to the company that set the monuments which appear to have been set 30-40 years ago based on weathering. However in order to protect myself it probably best to do it in writing, per my state statue, at this point. Any thoughts other than get out while you can? Also there is a title insurance company involved that requires an ALTA plan. Yikes.
disclaim your survey to the extent that you know you do not have all the data
tell your client you can pause and wait to see if you get the info from the seller and/or surveyor, or you can move forward, but may have to bill for rework depending in information you find.
Uncooperative sellers. Somebody has given them a cash offer and they are hoping the current deal falls through.
Or move to a recording state.
If the sale agreement specified the seller deliver such information as they have, the buyer can probably walk out. In that case they are not going to be happy paying you. I hope you got a good retainer.
hopefully someone sues them and takes a boat load of money from them
more likely the buyer just moves forward.
Additionally, while performing field work on the property, one of the sellers informed me that they have extensive title info which probably includes information related to the monuments. I informed my client's attorney whom subsequently reached out to the sellers attorney. Turns out that the seller's attorney confirms that the information exists but that the sellers are not willing to share any of it.
This entire scenario sounds ridiculous. How does anyone get anything done in your area, especially with people behaving like this?
And maybe more importantly, how do you know the records someone claims to have in their basement are legitimate and not something they pencil whipped together on a bored rainy day?
Being really, really stupid is not against the law.
At the risk of sounding a bit obnoxious, LAWYER UP! One on Each side.Make sure One is Jeff Lucas for sure. 😉
Good luck and its not imposiible to negotiate, just very tenuous gains for tons of stress and time, so if you like that kind of work, you're in like FLynn!
