Survey?

When buying a house, when was your survey done?

We are supposed to close THIS week, our rate lock has already expired and the bank is being nice and extending it a few days for us. My lawyer tells me he just ordered the survey last week and it SHOULD be done by Wednesday, but he refuses to call them and follow up and see if it has been done.

Is this normal? How are we supposed to close this week if we do not have a survey at this point?

I have hated every step of this home buying process, is it always like this?

Re: Survey?

I don't remember the exact timeline, but our attorney ordered the survey late as well (we originally didn't think we needed it) and everything still got done and we closed in time so try not to stress. i know it took less than a week.

But your attorney should be doing everything he can to speed this process along and ease your anxiety. Why won't he just call and follow up to make sure things are getting done for you?

Re: Survey?

Re: Survey?

Do you need the survey to close? A lot of times, the banks and the title companies I deal with don't care about having an updated survey, but it's the buyer's attorney who insists on it.

In some cases, you definitely want to get it done (if the property is quite irregular, or there are questionable boundaries), but if it's a standard-sized, rectangular lot, you may not really need it. So I would ask your attorney WHY exactly the survey is being done, and find out from your bank whether it's a must-have.

I have to say, I have had a few situations come up lately where the closing NEEDED to happen, and at the 11th hour, an attorney decides to order a survey. I would advise ALL buyers to address this with their attorney at the outset. When you go to sign the contract as a buyer, I would ask your attorney to run title asap once you are in full contract AND find out whether you will need a new survey (and if so, have your attorney order it right away). Nothing is worse than everyone scrambling to close and then finding out it can't happen because the buyer's attorney is waiting on a survey or the title report or something like that!

Re: Survey?

The garage came down during Sandy, so maybe that's the reason we need to have a new survey?

I never even realized that I might not need one.


ETA: This is a very standard piece of property.

Message edited 2/19/2013 10:18:59 AM.

Re: Survey?

Just emailed my attorney and he said, and I quote, "A survey is a must, and would be malpractice to close without one."

Ugh, this whole process is so frustrating.

Re: Survey?

I think it's always far better to get a survey done... it's for your protection and benefit as a buyer. So I wouldn't advocate not getting it done. But it is often not required -- it's something that your attorney probably wants done to protect you.

But in some instances of extreme time sensitivity -- I've had cases where the buyer might not be able to get the mortgage if further delay happened because of the nature of their work -- it might be preferable to sacrifice getting a current survey in order to close on the house.

Any changes to the property (garage coming down) would be a good reason to do a new survey.

But again - the key issue is making sure these things are done right after you go into contract, not when closing is imminent. Not so helpful for you, I know! But maybe a good tip for other buyers/future buyers.

Re: Survey?

Re: Survey?

Re: Survey?

Your attorney sounds like a jerk. It may be true that he can't move things along any faster, but considering how stressed you are, there are better ways to say this to you. The tone of his response was, IMO, unacceptable.

I'm sorry. I hope the survey comes back asap.