Who Pays for the Survey?


If you put in the survey clause asking for an existing survey and the agent says there is not one available, but you see it in Geowarehouse, and that clause was not actually crossed out and initialed, do they have to purchase it from Geowarehouse?


I appreciate that you pose a theoretical question without the actual wording of a specific clause.

There are 4 clauses in WebForms. #1 is at the Buyer’s expense, #2, #3 and #4 are at the Seller’s expense. This reason is pretty clear because is says so right in the clause. There’s nothing vague and nothing uncertain.

On the other hand, all kinds of agents draft up and invent their own clauses, and may make errors with the clause. In fact, many don’t even know what is or what is not a survey!

Also, in your example a Seller could provide a $10 copy of the Plan of Subdivision and that would satisfy their obligations.

Brian Madigan LL.B., Broker


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