When preparing an offer and requesting in Schedule "A" for a an existing survey showing all the structures, garages, additions and easements. All paties (Seller and Buyer) agreed that an existing survey showing structures, etc. would be provided within 48 hours of acceptance of the Agreement of Purchase of Sale.
What the Seller/Listing Agent provided was an outdated survey with only the house structure showing - no garage, no addition, no easements. The Seller does not want to provide the Buyer with the agreed upon survey because he feels that the Title Insurance would cover it. That is not the point, the point is that the Seller agreed to provide the Buyer with an existing survey with all the details. If the Seller/Listing Agent did not have such a survey in their possession then they should have deleted the clause and initialled the change during the negotiations.
So now its become a legal issue and most probably the Seller will need to have a new survey done an bear the cost.
Lesson: Be sure you real all the clauses and you understand them and don't make promises you can't keep or it might be costly.
Remember - real estate its all about YOU!
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