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Affidavit to update an ALTA

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(@larry-best)
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I did an ALTA for a 36 unit Apartment a little over a year ago. It's finally worked through whatever bankruptcy, foreclosure, refinance, I don't know what. I was asked to sign an affidavit that nothing has changed, etc. I gave a fixed cost based on the time to check if anything has changed and an hourly cost if there are changers. Now the lawyers are worried about the unknown costs. I probably should have just said no and sent a proposal for a new survey.

How common is a affidavit for this?

 
Posted : September 13, 2013 10:58 am
(@jim-in-az)
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"Now the lawyers are worried about the unknown costs."

Too funny! Wonder what their costs are!!

 
Posted : September 13, 2013 11:17 am
(@sicilian-cowboy)
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Usually the owner gets the affidavit.

Interesting that they are not wanting to update the survey, but have you sign.....I guess they figure it will be cheaper.

 
Posted : September 13, 2013 11:53 am
(@djames)
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Site visit and research and a revision date on survey should cover it, never done a affidavit.

 
Posted : September 13, 2013 12:55 pm
(@exbert)
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> I probably should have just said no and sent a proposal for a new survey.
>

I used to always fall for the "update." Now I price them what it is worth. All that is happening is less money is going into a surveyor's pocket, whether it is mine or yours!

 
Posted : September 13, 2013 3:41 pm
(@larry-p)
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> > I probably should have just said no and sent a proposal for a new survey.
> >
>
> I used to always fall for the "update." Now I price them what it is worth. All that is happening is less money is going into a surveyor's pocket, whether it is mine or yours!

BINGO. It is not about your cost. It is about the value you create for the client.

:good:

Larry P

 
Posted : September 13, 2013 4:02 pm
(@a-harris)
Posts: 8761
 

An affidavit stating whether the property has been improved or changed should be signed by someone in charge and control of the property since the last survey.

You have not been in control of the property and anything that you sign will be considered a survey and will place all the liability on you.

Until you go to the property and survey the property to compare to the last survey, you will not know if there are any changes or not.

0.02

 
Posted : September 13, 2013 11:01 pm
(@deleted-user)
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How common it is would likely depend on the area you are in. I would kindly decline and offer an updated survey at a 50% discount to the original cost. This would usually give me enough time to verify everything.

 
Posted : September 15, 2013 8:07 am
(@jo-teague)
Posts: 52
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A fellow sent me a copy of an affidavit used by an Arizona surveyor. It basically says that they certify whatever is on the attached map and nothing more. They attach the map from their own or another surveyor's files, send a bill for $150 and there you go...No need for any of those nasty old field surveys. No need to climb those eight foot fences...easy money...

Well...

 
Posted : September 15, 2013 5:17 pm