Incorrect lot size on the listing that we won the bid on.

Incorrect lot size on the listing that we won the bid on.

Joe S.Pro Member
Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes

Incorrect lot size on the listing that we won the bid on. So we made an offer on a house on a property and in the listing it had .59 acre. So it’s basically a little over half an acre. So we thought we were buying a house with big piece of land. It was from a bank and there were other people bidding according to the listing agent and we were the highest bidder. The seller had us sign an addendum that basically said that they could cancel the contract for any time for any reason etc. etc. etc. Whereas it appeared that we had a good deal and the bank could care less if it was us or someone else about the property we signed and moved forward in good faith. We did not get a survey, because all we knew was at the bank with rip the rug out from under us at any time if they should decided to.We now get a call from the attorney of the closing title company and is wanting us to know that we are only getting .29 acre. He said there was some land next to it that the Original seller owned  and the county tax Apprasier had taxed them both together and it appeared to be one parcel on the surface, but it was really two and we were only going to get a half of what was advertised in the listing. At this point I’m not sure what to do. If it was an individual seller I could possibly go back and see what could be done to lower the purchase price or simply walk.

Will banks renegotiate if they realize they made an error or do they simply tell somebody to go fly a kite they have back up offers?
The challenge could be convincing the bank that the back up offers thought that they were buying .59 acres as well.

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
5y
Texas if this is where it is  .. my exprerience buyers always survey properties.. which is weird because in many markets no one surveys anything.  sounds like a take it or leave it situation.. good luck
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  • Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    5y

    @Joe S. Sounds like the standard buyer beware situation. The bank will say you should have done due diligence to verify everything before purchase. You'll just have to decide it the deal still works with the smaller lot. Are you still in the option period? Can you get your EM out?

  • Joe S.Pro Member
    OP
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    5y
    Originally posted by @Peter M.:

    @Joe S. Sounds like the standard buyer beware situation. The bank will say you should have done due diligence to verify everything before purchase. You'll just have to decide it the deal still works with the smaller lot. Are you still in the option period? Can you get your EM out?

     We are out of option. We already paid 875 upfront to get the appraisal started as well. Our realtor is putting pressure on us to move forward.

    She said would you have been fine with the lot size had the attorney not pointed it out?

    To Be honest we did not spend a whole lot of time walking the property we spent more time looking at the house and the grass was tall. It pulls up on public record .59 It was listed on the MLS for .59 acre. My buyer's agent is acting like we're being a pain for even making a deal of it.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Texas if this is where it is  .. my exprerience buyers always survey properties.. which is weird because in many markets no one surveys anything.  sounds like a take it or leave it situation.. good luck
  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    5y

    Well you might try to renegotiate if that works for you or you probably have the option to walk away and get your earnest money back is liquidated damages.  Typically with bank sales there is no option. But I'm not sure if that's your case. 

    They can't sell you something they don't own.  Of course the situation is not ideal but you have a decision to make if it's a good deal or not at this point.  It's a good deal You continue or if it's not a good deal you walk away and go after something else.

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    5y

    I'm not clear if the second lot is still owned by the original owner, or if the bank now owns it. If the bank now owns it a couple questions I'd want to ask:

    1) Was the foreclosure for 1 lot or both?

    2) Is the legal on the PSA for 1 lot or both?

    3) Were the lots deeded separately or jointly to the owner? 

    Maybe you have no chance at the larger property, but if multiple docs point to both lots transfering together I'd point that out and maybe you get the property.

  • Joe S.Pro Member
    OP
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    5y

    There was an issue with false marketing.  it was clearly marked it with a .59 acre parcel of land. The seller is not wanting to give us time to get a survey and doesn’t want to provide a survey either. All the surveyors in that area are 30 days  out at a minimum. 😳

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    5y

    No doubt the fine print states....

    Property information is provided for informational purposes and has not been verified for its accuracy or completeness. Property descriptions, documents, and pictures may not accurately describe or depict the property. No representations or warranties are made regarding the contents accuracy or completeness. Prospective buyers should conduct their own independent due diligence

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    When you looked at it, the property lines should have been clear.  The difference between 0.59 and 0.29 acres is noticeable.

  • Joe S.Pro Member
    OP
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    5y
    Originally posted by @Theresa Harris:

    When you looked at it, the property lines should have been clear.  The difference between 0.59 and 0.29 acres is noticeable.

    Which brings us to believe that some of the property lines is part of the land that is not being transferred. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Joe S.:
    Originally posted by @Theresa Harris:

    When you looked at it, the property lines should have been clear.  The difference between 0.59 and 0.29 acres is noticeable.

    Which brings us to believe that some of the property lines is part of the land that is not being transferred. 

     Can you talk to the city or look at their online info?  Many cities show approximate property lines in an online map.  It isn't detailed, but enough that you can see the dimensions and approximate location.  Even measuring the lot would tell you.

  • Joe S.Pro Member
    OP
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    5y
    Originally posted by @Theresa Harris:
    Originally posted by @Joe S.:
    Originally posted by @Theresa Harris:

    When you looked at it, the property lines should have been clear.  The difference between 0.59 and 0.29 acres is noticeable.

    Which brings us to believe that some of the property lines is part of the land that is not being transferred. 

     Can you talk to the city or look at their online info?  Many cities show approximate property lines in an online map.  It isn't detailed, but enough that you can see the dimensions and approximate location.  Even measuring the lot would tell you.

     We already talked to the city. They said that they only see one property of .59 acre. They said if it was broken up into two parcels they are not sure how it would be broken up. That’s why we need a survey and the seller does not want to give us time to get one. What if the drive sets on a different lot ? What if the whole backyard is in a separate lot. We sent in an addendum to give them an option to give us time to get a survey they have not signed it yet.  The realtor for the bank is supposedly telling them the seller that the next buyer would have the same problem as well as us and we needed to have time to get the survey. I don’t know if the seller understands the dilemma were in. They think we’re a tire kicking buyer when in reality they were doing false advertising and now wants us to get on with the program of buying the property when we don’t even know what is coming on the property.

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