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I am negotiating with a seller to buy 30 acres of land in…

Hello. I am...

Hello. I am negotiating with a seller to buy 30 acres of land in Cicero IN. In the contract we are asking for a border survey that is current and reasonably satisfactory to the buyer at the sellers expense. Our legal understanding is that the statute of limitations on a border survey is only good for 6 years. The sellers are only willing to give us a 12 year old border survey which we do not feel is current and satisfactory. If we walk away from the deal I want to get my escrow $ make because the the sellers did not perform by giving us a current and reasonable border survey.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

We have an accepted offer and we are supposed to close tomorrow. But we don't want to close without the current border survey

Lawyer's Assistant: Have you talked to an Indiana lawyer about this?

No we have not

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that is it.

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Customer reply replied 2 months ago
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Answered in 18 minutes by:
5/30/2018
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,455
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 2 months ago
ok thanks!

Thank you for your patience. I have read your attachment. It does not contain the condition that you describe. Perhaps it is in another portion of the document.

Also, Statute of Limitations are specific laws that pertain to claims that can be made against a party. You may be thinking of something else but a statute of Limitations would not apply in this situation.

Generally, if you are obtaining Title Insurance, the Title Insurance Company will require an updated survey as would the mortgage company.

If you are paying cash and not using these services, it would be advisable to insist on the same standards as they would.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Gerald-Esquire
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Customer reply replied 2 months ago
If you look at line 121 in the Camack signed offer it states that the survey should be received before closing and of a current date
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Customer reply replied 2 months ago
be reasonably satisfactory to the buyer and show the location of any easements or improvements

Calling now.

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Customer reply replied 2 months ago

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