Land Division/Transfer:

Frequently there are legal issues involved in either short-platting, and/or long sub-division. The short or long division process provides for an easy appeals procedure, which allows people opposed to this division of lands, an inexpensive way to challenge any aspect of the division. Work on Transfer of land cases usually involve examining the paperwork to see if everything is in order and to determine if either the buyer’s or seller’s intent is clearly described in the documents. Form 17, which is the disclosure document, is the one that most people are interested in having me review. I usually advise them the requirement for disclosure is only if it is known. Neither the landowner nor the real estate agent has any obligation to investigate for defects by either looking through records or hiring experts to determine if there are any problems. The real estate agent in particular is shielded from liability for non-disclosure of defects, unless the landowner told him, or it was somehow brought to the real estate agents attention. The law was changed recently to protect agents, and the standard was changed from probable knowledge to actual knowledge.

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