Re: OT - Buying a farm

Posted by John T Country Lawyer on January 17, 2007 at 13:28:33 from (66.244.90.5):

In Reply to: OT - Buying a farm posted by Dave H (MI) on January 17, 2007 at 12:52:07:

Dave, here just south of you in Indiana and while this is allllllll negotiable its typical to draw up a Purchase Agreement whereby you agree to purchase and the Seller agrees to sell for x dollars made SUBJECT TO certain important things such as the inspections you mentioned (septic) plus other things such as structural integrity and habitability of the home etc. That way youre protected if the house is say termite riddled or the roofs shot etc. Often the buyer bears the cost of such and if major problems are found the buyer can walk away or it can be written that the seller has the option to repair etc etc. I write these Purchase Agreements depending on if Im representign the Buyer or the Seller.

The next important thing is to have a judgment search performed as if the seller has any they attach to and are a lien on the real estate i.e. you want to buy it free n clear of any judgments or liens which a good title and judgment n lien search will find. Also, that the taxes are paid n current.

In the old days the seller had an abstract of title continued to date and your attorney could examine it and render a professional opinion of the quality of the title. Nowadays the seller is usually required to provide the buyer with an Owners Policy of Title Insurance showing good merchantible title free n cklear of judgment sn liens etc. Problem for a lay person is if you cant read n understand all the schedule A and B exemptions you may be stuck cuz if the title company underwriter sees anythign in doubt they simply exclude the same from coverage GET AN ATTORNEY TO HELP YOU

As far as surveys they are good to show what the deed or legal description indicates the boundaries to be BUTTTTTTTTT you may or may not own to exact those boundaries (often NOT the case) due to the law of adverse possession etc.

The first starting point, therefore, is to have a good Purchase Agreement,,,,,,, Vendors Affidavit if used locally,,,,,,,, Of course, you want a Warranty NOT a Quitclaim Deed,,,,,,then do the title n judgment n lien search abstract type thing and/or title insurance (which seller should furnish and then have an attorney examine it) then at least have a surveyor give you some advice regardless if he surveys it or not.

BOTTOM LINE this is too big a decision n too much money NOT to get advice from an attorney and a surveyor PERIODDDDDDDDD

John T Country Lawyer in Indiana

This is another question that cant be answered in a paragraph here, toooooooooooo complicated n tooooooo many risks n unknowns......

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