Legal Question in Real Estate Law in Connecticut

Re: Sale Pending on House

The fact that a survey is being taken should not, in and of itself, delay the sale of your house, but the buyer's lawyer, if he finds out about the survey, may want to delay the closing to see if it discloses some problem. Eventually, the survey will show whatever it will show. At the closing, you will be given a title affidavit to sign. One of the questions will be "Are there any disputes over the boundary lines?" If the survey has not been completed, and no question about the boundary line has been raised by the neighbor, you could truthfully answer "No". But that's sort of like Bill Clinton saying he never had sex with that woman, Miss Lewinsky. It all depends on how you define sex. If there is a problem with the line, and it shows up a week after the closing when the survey comes in, you can bet that the buyer will come after you, and will claim that you were being disingenuous in claiming that there was no dispute. The better course is to hold off on the closing until the survey is done, or at least to advise the buyer of the survey and let the buyer decide if he wants his own survey or wants to wait to see what the neighbor's survey reveals.