Legal Question in Real Estate Law in Georgia
I was trying to purchase a home. I was told that I had to have the land surveyed because there had not been one done showing the house in the land. I paid for the survey as I was told to do. There was a 3 acre discrepancy in what the survey showed and what the deed showed. It turned into a big property dispute mess and I could not close on the house. I extended my contract twice and still no resolution. I have the certified copies of the survey but the attorneys have been using the copies of the original to work out the boundary problems. I offered to sell the survey to the homeowner so they could use it properly. I was told the seller could not afford it. Do I have a legal recourse to recoup my money paid for the survey since I did not get the house and the property issues are still ongoing? I never understood why I had to pay for a survey on a house that was not mine.
2 Answers from Attorneys
Do you have a contract that states someone else will be responsible for the survey expenses if you didn't close on the purchase? If not, you don't provide any facts to show why anyone else would be responsible. Purchasers often have expenses when trying to purchase property.
I assume when you first went househunting you got a lawyer, as you should have had, to review your sales/purchase contract befoire you signed it. That contract decides what happens if the seller cannot convey good title. If you contract allows you to get damages, you can. Otherwise you can't. If you do not understand your contract, call the lawyer you had review it before you signed, and he will tell you what rights you have. This is exactly why all home purchasers who know what they are doing see a lawyer before they sign purchase contracts, and they get that lawyer involved when these type matters first arise.
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