when does survey need to be done and who does the survey?

Status: Open
Jan 13, 2015 Views96,509 Answer a Question

Asked by
REALTORS®
Categories:
Realtor Only
About 9 years ago
If the seller has not provided an existing survey, then the Title Co will order it from a company they typically do business with about 7-10 days before closing. The lender will need it to get final loan approval so it has to be back several days before closing.
About 9 years ago
A survey should be done as soon as possible, especially if there have been any additions to the home which could cause encroachment issues. Determining who pays for the survey is outlined in the contract. You can either order the survey through the title company, or pick a survey company of your choice.
About 9 years ago
Hi Tim,

In Paragraph 6 C: Survey in the 1-4 Family Resale Contract it specifies that the survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer's lender. These two pieces are extremely important when using the seller's current survey and the accompanying T-47 Affidavit.

C(1) is asking for the seller to provide the survey to the buyer and the title company along with T-47 within a negotiable amount of time after the effective date of the contract. If the seller fails to furnish within this time frame the seller is automatically responsible for providing the survey no later than 3 days before closing. However, if the seller does furnish these things and the title company or lender simply doesn't accept it, than there is a box for who is to pay for the survey (buyer or seller) no later than three days before closing.

C(2) states that the buyer is obtaining a new survey at his/her own expense and the number of days is to be filled in for which this is to occur

C(3) states that the seller is to pay for a new survey and the number of days is to be filled in for which this is to occur

The buyer's lender will always require an acceptable survey and it HAS to have the full seal showing. In thinking about using a seller's survey: if any changes have been made to the property since the survey provided was done (pool, deck, fence, etc.) then it will not be accepted. Also, if the buyer is paying cash and does not elect to have a survey no box is checked and my broker requires a waiver of survey to be filled out. That being said, no matter what it is always advisable to obtain a survey regardless and erring on the side of caution, better to have a new survey at the time of purchase.

The survey is always a negotiable part of the contract. I will be happy to share with you what I typically negotiate when I have the buyer as well as what I typically negotiate when I have the seller.. just feel free to shoot me an email!

Hope this helps!

Darby Grimmett
Keller Williams
darby@darbygrimmett.com
936-827-9217
About 9 years ago
Also, Tim read paragraph 6C on the One to Four Resale contract if you are buying or selling a home it will show you who and when it has to be purchased and by whom .
About 9 years ago
Michael is correct in his answer. If a seller provides the survey, also be sure to have them provide a T-47 affidavit which is notarized and states any changes, if any, made to the property since the survey...such as a pool or patio. This is provided to the lender as well who may want to order an updated survey depending on these changes. The T-47 is mentioned in the contract but I am amazed how many agents say "we'll get it signed at closing".

To answer the second part of your question, the title company processing the contract will make the arrangements for the survey to be ordered and completed. Be sure to be in good communication with them as well.
About 9 years ago
Timothy,
The survey is a negotiable item in the contract, and it can be purchased by either the seller or the buyer. Typically if the owner has an existing survey, they will provide it to the agent at the time the property is listed. If an owner does not have an existing survey, they can choose to have one done at the time of the listing, or one can be completed when an offer is accepted. Typically a buyer will want to have a survey done as quickly as possible after the contract is executed, this way any problems that may arise can be addressed right away. According to the residential resale contract the latest that a survey can be provided is 3 days prior to closing. I hope this information helps out.

Thanks,
Michael Smothers
source:
TREC residential resale contract
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
Find a Local Expert Real Estate Agent in your Area
Start your real estate search the right way by finding the best agent to work with in your area.

Related Questions