Just got of the phone with a client and he's happy as a pig in...well..he's happy.
He owns an urban vacant parcel; the property to the south is occupied by a residential structure. A two year old addition to the house straddles the property line and encroaches on his property by about 7'. The owner of the house has a "Mortgage Inspection" that shows everything is copasetic. It's not. He had originally called me to resolve the issue and make sure his observation (of encroachment) were correct. They are.
Here's the kicker. He has a copy of some communications between the realtor (that sold the house to the current owner a year ago) and the old owner of the house (the one that built the addition) that plainly indicates they both knew the addition wasn't entirely on the property. That's why the original seller wanted to "unload" the house. The realtor states that can be taken care of with a "survey" that shows otherwise..and she knows where to get one. I have little to no professional respect for the firm that prepared the "survey".
This is a small town and everybody knows everybody else's business. Another realtor (one of my client's family members) apparently came up with this documentation somehow.
This is gonna be a fun one. I'm going to grab some popcorn and have a seat.
I hope it doesn't get too nasty. Turn into a feud or something.
Hey - they could get their own reality show if they play their cards right!
Sounds like you may have some expert testimony time coming up. 🙂
Payden, I am copying that and sharing that with my little brother. We used to work together. He is a Pastor in Ohio, and I am a Surveyor in Arkansas. He will love that story!!!
🙂
Thanks for the memories!
N
That "other surveyor" is running with scissors in both hands.:excruciating:
> That's why the original seller wanted to "unload" the house. The realtor states that can be taken care of with a "survey" that shows otherwise..and she knows where to get one. I have little to no professional respect for the firm that prepared the "survey".
The liability of the realtor/real estate company, however probably has to be as large or larger than the surveyor's if she knowingly procured a fraudulent product to deceive the buyer of the property. I'm still waiting to hear about a third party getting sued for steering members of the public to the providers of substandard services when the third party knows that the services are likely going to be faulty.
I'd ask the client to send copies of the documents backing up his case to the State Registration Board and the State Relators Board. Licenses could fall over this. That would be fun to watch!!
> I'd ask the client to send copies of the documents backing up his case to the State Registration Board and the State Relators Board. Licenses could fall over this. That would be fun to watch!!
We can only hope.
I just hope the individual who prepared the "survey" is a licensed surveyor. Then, and only then, would our state Board deal with it. If the "survey" was prepared by a non-licensed 'surveyor' then in New Hampshire our board is totally toothless, and the only recourse would be civil matters IF the Attorney Generals office wanted to pursue.
In truthfullness, our State Association(NHLSA) has in the past pursued issues like this, in effect "police ourselves" in cases of non-licensed surveyors being bad boys.
I hope that both the State Boards of Licensure for Engineers/Surveyors and for Realtors eventually gets wind of these circumstances.
I couldn't agree more with those saying that the respective boards should be informed. Both the surveyor and realtor sound like they need to be relieved of their licenses.
> I hope that both the State Boards of Licensure for Engineers/Surveyors and for Realtors eventually gets wind of these circumstances.
I'll go one step further and suggest its a duty to report those who perform acts such as those described. Not reporting the crime is akin to accepting those acts.
All too often we fail to self police.
Every time you point a finger, three are pointing back to yourself. Just be sure before you report.
I agree. If it is right to act, it is often wrong not to.
Someone please remind me again how it is that allowing "mortgage inspections" is protecting the public. Here is a good example where "the public" will likely be harmed.
I never understood why the licensing boards don't step in and take care of their #1 reason for existing. Protect the public. A survey should be a survey.
Larry P
Eh?
"Every time you point a finger, three are pointing back to yourself."
Is this from the Koran or something?
looks like a duck, walks like a duck, sounds like a duck...
col·lu·sion
/k??lo?oZH?n/
noun: collusion
Common: secret or illegal cooperation or conspiracy, especially in order to cheat
or deceive others.
Legal: illegal cooperation or conspiracy.
__________________________________________________
I'm really not gonna stick my snoot too far into this. My professional responsibility is my client's boundary. I do have a copy of the "misleading" mortgage survey however.
This previous "survey" will be mentioned in my report. As to how corrosive my language will be is up in the air. The owner of the structure (buyer) provided this to my client. This buyer is pissed at his realtor, the surveyor, title company and the seller. He's lawyering up, as is my client.
Next Stop: Everybody's counsel is going to be wanting copies of my survey. I will probably provide multiple copies to my client and his attorney. Everybody else can call them for that info.
Experience has taught me that shrapnel from even small explosions can travel far. I'm wearing my flack jacket and toxic waste suit on this one, fer sure. B-)
