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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Second opinion] A seller sells his property using his

Customer Question

Second opinion] A seller sells his property using his survey. The survey is 5 months old. The survey is not certified to the title insurer, only the seller. In lieu of complying with fs(###) ###-#### the title company creates a seller's survey affidavit where the seller indemnifies the title insurer for relying on the sellers survey to define the land boundaries in creating a title insurance policy. I am the buyer and I was told I have an insured transaction and I am insured for the boundaries defined by the seller's survey. I put up a fence and improvements on the land before I found out the survey was defective and it included part of the neighbors land. I filed a claim to the insurance company for the my improvements that were within the insured borders but were on the neighbors land that had to be removed. I also filed a claim for land I paid for, was insured for, but do not own. According to fs(###) ###-####the title insurer should have never used the seller's survey, but should have obtained a survey from the surveyor certified directly to the title insurer and it should have been less than 90 days old. Should I sue the title insurer for the damages I sustained as a result of them not complying with fl Laws. After all they are indemnified by the seller for using his survey for any damages that may occur
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: I complained to the Florida Dept of Insurance and they agreed I was correct that the Insurance company should reconsider my claim, but they only offer $5,000 for good faith and for me to drop my claim
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just don't know what to do. I can't complain to the surveyor and the Florida dept of surveyors sent me a nice pamphlet why a seller should never sign a seller's survey affidavit and a buyer should never accept one. If so they why is a title company allowed to create one to circumvent florida laws
Submitted: 9 days ago.
Category: Real Estate Law
Expert:  Barrister replied 9 days ago.

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Expert:  Sean Fisher replied 9 days ago.

Yes, I would make a title claim to the insurance company that relied upon the seller's survey in this matter. If the claim gets denied, I would then file suit.

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