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Strictly Surveying

Last Post by stephen-johnson 12 years ago

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paden-cash

(@paden-cash)

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I have a client (family trust) that owns the best part of three sections. Two or three times a year they bleed off a couple of acreages for home sites. The folks generally build 500K and up houses. It's a nice place with a golf course nearby.

The last one I did last week was 15 acres. I've already got all the boundary info and such, so it's a slam dunk to whittle off the area, set a couple of pins and create the documents.

The seller usually pays for the survey. This time he was intentional about telling me three or four times that the buyer was responsible for the survey costs this time. He was so redundant that I wondered if he wasn't trying to let me know that 'padding the bill' would be ok with him. Actually, it doesn't matter to me, it is all hourly. When I asked for some billing info on the buyer, he told me "just send it to me". OK. Can do.

This morning the buyer called and wanted to know the amount of the invoice. I had no reason to deny that info. I had been informed the buyer was going to be responsible for the cost. I told her.

I just got a call from the seller. He's trying to cover his tracks and not act pissed, but he's pissed. From what I can gather he must have "bumped" the amount of the survey at the closing. Oh well.

I don't feel the least bit responsible for this guy getting egg on his face. He was the one that perpetrated the act. I could almost predict it the way he was being evasive about the invoice.

That's ok. It is his mother-law's land. Her and her daughter (wife of the jerk) love me. He just got caught trying to wheel and deal.

Sorry Charlie. That's what happens when you deal with honest surveyors. 😉

Posted : October 14, 2014 2:25 pm

BigE

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Sounds to me like the seller sand-bagged the hell out of your fee and didn't count on the buyer calling you about it.
Mr. Honesty rules in all cases. I'm with you.
I imagine the seller is calling you up asking what you said.
I've been caught in the middle of things like that - completely unrelated.
It's totally uncomfortable - but hey, I have the truth on my side.
Hope it doesn't sour the deal for the buyer or your work.
E.

Posted : October 14, 2014 2:43 pm

holy-cow

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You really must wonder sometimes why buyers and sellers can be so disrespectful towards one another in an unforced sale. Separating them as much as possible is what lead to the creation of the real estate office. But, trying to drag innocent bystanders through the mud is totally uncalled for.

Posted : October 14, 2014 5:03 pm

jhframe

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> The seller usually pays for the survey. This time he was intentional about telling me three or four times that the buyer was responsible for the survey costs this time. He was so redundant that I wondered if he wasn't trying to let me know that 'padding the bill' would be ok with him. Actually, it doesn't matter to me, it is all hourly. When I asked for some billing info on the buyer, he told me "just send it to me". OK. Can do.

This would be illegal in CA. The seller would be in violation of the statute that regulates land surveying, since brokering or coordinating surveying services comes under the definition of land surveying. (Licensed engineers and architects have specific exemptions to this aspect of the law, and are authorized to broker related professional services.) The land surveyor would also be in trouble for aiding and abetting the broker.

In CA we're required to have a signed contract with the client (or a prior business relationship that's paid current), so this kind of "misunderstanding" is less likely to happen here.

Posted : October 14, 2014 6:35 pm

Equivocator

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Same here. The invoice for any Cadastral work has to come directly from the Cadastral Surveyor. There was even a very recent case (as in got the email about it last week) where this didn't transpire and someone got in a lot of trouble and ran up some decent fines $$$ and suspension of X amount of years.

Posted : October 14, 2014 8:13 pm