Legal Question in Real Estate Law in Iowa

I am selling a property, but the property abstract is missing. The chain can be traced to the agent that I used to buy the property, but no further. If I never received it, who is liable to pay for the abstract recreation? The property was purchased in 2008 and the agent no longer works for the broker and may not even be licensed any longer.

Asked on 4/17/13, 6:22 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered
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I would say you have an argument that either the broker or the agent is responsible, but you would need a written and signed receipt that the abstract was received by the agent either individually or in his or her capacity as an agent for the broker. You may need to sue them to get them to pay for it though. I suggest letting the attorney who is representing you in your sale deal with this problem, since the broker may be more inclined to be responsive to an attorney.

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4/17/13, 6:52 am

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