Home buyer seeks to handle encroachment the right way
Q: I purchased a house several months ago and recently discovered that there is an old, rundown shed that encroaches onto my property. I talked to the owners, who denied it was an encroachment, and now refuse to talk to me. The surveyor has since been out and admitted his mistake. I got title insurance to delete the area and boundary exception, so I think I have coverage from the title company. Who can make this right?
A: You will need to make a demand on the title company and the surveyor. The surveyor appears to be at fault here, but you paid for extra title coverage, which was brilliant. Let them hammer it out.
Q: We bought a house on the outskirts of Houston. After a year or so, we encountered Hurricane Harvey. We did not flood, but the slab is buckling, floors are damaged and walls are shifting. We have spent over $30,000 on the slab only. More expensive repairs, we think, are on the way. Does the seller have liability because of the seller disclosure form?
A: Probably not. No one knew the hurricane was coming, nor the extent of the damage. It appears to be a Mother Nature thing, though. To try to recover from the seller or the broker, one must show that they had actual knowledge of a defect and didn’t disclose it. You must hire experts to prove up your case, and it is a lot harder than you may think. Talk to an experienced civil litigator and let them explain the process to you in greater detail. Remember also, these people have no duty to disclose what they don’t know.
Q: I’m trying to get a listing in a residential area. The owner insists that the property is commercial (he has run a business in his home
for years) and wants me to market it as commercial property. Am I violating the law if I market it as commercial? It is deed restricted for residential use only in the real property records.
A: The owner isn’t licensed, we assume. You are. You may be violating the Texas Deceptive Trade Practices Act and the TREC advertising rules by implying it can be used for commercial use. It violates the deed restrictions and may be considered misleading. We suggest you go get another listing if this owner doesn’t understand these issues. It isn’t worth it. To send a question visit www.AskGeorge.net and select the “Ask A Question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, consult your attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in residential and commercial real estate law.