Q–My neighbor is having a boundary dispute with his neighbor on the opposite side of his house. He is not having a dispute with me. But he phoned to tell me he is having his property surveyed and wants me to pay half the cost so I will know exactly where the boundary is between our lots. We live in an old subdivision, where the irregular lots were established and recorded about 50 years ago. Is there any advantage to my paying half of his lot survey cost?
A–No. But there might be a disadvantage. If the survey indicates that your lot line with the neighbor isn’t where you think it is, then you would probably want to get your own survey to either verify the neighbor’s survey or prove it’s incorrect. Either way, there’s no advantage to your paying half the cost for his survey.
In most urban subdivisions with recorded maps, there isn’t a need to get a survey unless there is a question about the exact boundary location. The key to an accurate survey is the starting point, usually a metal ground stake or other permanent marker.
Other survey problems can occur if the parcel is hilly or if the boundary is irregular. Surveys are wise investments when buying property where the boundary is uncertain (especially rural land) or where there is a boundary dispute, such as the one your neighbor is having with his other neighbor.
It appears to me your neighbor is hoping you will pay half the cost of a survey that will benefit him much more than you.
A–You often recommend that home sellers interview at least three successful Realtors who sell homes in their vicinity before listing with one of them. That’s excellent advice. However, my situation is just the opposite. I want to buy a house in a nearby town where I don’t know any realty agents. Do you think I need a buyer’s agent? If so, how do I find a good one?
A–Yes, you need a buyer’s agent to find, show and sell you a home meeting your needs in the nearby town. Ask friends and business associates for recommendations, especially if they have recently had a good experience with a buyer’s agent.
There are a few buyer’s agent brokerages that represent only home buyers (not sellers). Talk with agents at those firms. But be wary of signing any buyer’s agency contract that ties you up for longer than 90 days or requires you to pay any advance fee to the agent.
Start going to weekend open houses in the town where you want to move. You’ll meet lots of listing agents. Remember, they represent the home sellers. They can also represent you (as a dual agent), but that’s often not a good idea because of the inherent conflict of interest. However, if you like a realty agent you meet at an open house, he or she can represent you as an exclusive buyer’s agent, except for listings of that agent’s firm. Any agent can be a buyer’s agent, except for the listings of his or her own brokerage.
Incidentally, who pays the sales commission is irrelevant to whom the real estate agent represents. It is customary for the listing and buyer’s agent to split the sales commission equally. Even though your agent gets half the sales commission, he or she still owes primary loyalty to you as a buyer. A buyer’s agent can also represent you when a “for sale by owner” is willing to pay half of the normal commission or you agree to pay all the buyer’s agent commission.
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Have a question about real estate? You can write to Robert Bruss in care of Tribune Real Estate Features Service, 435 N. Michigan Ave., Suite 1400, Chicago, Ill. 60611. Answers will be provided only through the column. Please note that laws vary from state to state and area to area.
