Dedicated to our community.  Dedicated to our clients.

ph: 512.459.1110 | * for more information contact us

Dedicated to our community.  Dedicated to our clients.

3009 North Lamar, Austin, Texas 78705

ph: 512.459.1110 | * for more information contact us

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Did you Know that the TREC Residential Contract is Changing?

2/14/2014

Effective March 1 the TREC Residential Contract (section 6 A 8) will be changing to clarify:

  1. Whether the buyer will be getting the Title Insurance Survey Endorsement (T-19.1) and
  2. Who (Seller or Buyer) will be paying for the endorsement.

What is the survey endorsement?

This endorsement potentially provides compensation and legal representation of the new owner in the event a survey misses the fact that their structures encroach upon the neighbors or if the neighbor’s encroaches upon the new owner’s property or if the new owner’s structures encroach upon building set back lines or utility easements.

Many buyers do not realize that if they rely upon the seller’s old survey, and they have not purchased the endorsement, they have no protections via the title company in case a boundary dispute arises (due to the old survey being wrong). Additionally, they have no recourse to go after the surveyor on the old survey, since the surveyor’s financial responsibility only exists to the old seller and not to the buyer. For years, over 90% of Lenders have required the endorsement to protect their loan, and yet most buyers do not know to ask for it.

One way for the buyer to protect themselves is to get a new survey so that they have recourse against the surveyor company on any errors on that new survey, but new residential surveys typically cost around $400. Alternatively, the buyer can simply use the seller’s old survey and get the title endorsement which costs only 5% of the title premium (about $43 for a $100,000 home or $99 for a $300,000 home). This is an affordable alternative that offers compensation to your buyers for a variety of missed issues on a survey. Like all title insurance, this endorsement lasts for as long as the owner and their heirs own their properties.

Buyer’s agents should advise their clients to give the Owner’s Survey Endorsement serious consideration when purchasing a home and of course, should try hard to lobby the seller to pay for the endorsement, especially if an old survey is being used in the transaction.

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Organizations supported by Midtown

  • AIDS Services of Austin
  • Austin Children's Shelter
  • Austin Community Foundation
  • Austin Council of the Blind
  • Austin History Museum
  • Austin Museum of Art
  • Caritas of Austin
  • Emancipet
  • Equality Texas
  • Hill Country Ride for AIDS
  • March of Dimes Foundation
  • Octopus Club
  • Out Youth
  • Polari (formerly aGLIFF)
  • Project Transitions
  • Susan G. Komen Foundation
  • Ronald McDonald House
  • Waterloo Counseling Center

 

 
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