Legal Question in Real Estate Law in California
Conflicting Surveys - House In Escrow
A builder has constructed a concrete drainage channel and fence well over what my surveyor (now deceased) defined as the property line. I have had both mine and the builder's surveys examined by three expert surveyors, and they have all noted a discrepancy of up to 9''.
The builder's new house is now in escrow. I am ordering another survey ASAP. How do I immediately stop the sale from proceeding while this is issue is being investigated? Do real estate companies have an obligation to inform me in writing that the buyer has been made aware of a pending dispute?
3 Answers from Attorneys
Re: Conflicting Surveys - House In Escrow
A Lawsuit and Lis Pendens would stop a title company from allowing escrow to close or maybe impose liablity on the title company of the builder. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits (if you know of any). We handle cases throughout California. We can review your documentation by fax and speak with you by phone. We would also have to review the survey.
Re: Conflicting Surveys - House In Escrow
You need to file suit today and slap a lis pendens on the property now, otherwise you may lose all rights. Contact me ASAP.
Re: Conflicting Surveys - House In Escrow
Timing may be critical. Need to "prove" survey before sue. May be allowed to place lis pendens on property if can prove this, however, you can be severely penalized if wrong and you cloud the title of other property. Call to discuss
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
