Creative Solutions That Saved the Deal

Education & Training with REcampus Fully Accredited Florida ONLINE & Classroom Training in Destin, Pensacola Florida

We almost lost a sale due to a clause that showed up on the deed at the closing table.  In the deed copy the owner had supplied us, there was nothing about having to provide well access and water to the neighbor.   But when we got to the closing table, the original deed had been amended with a recorded agreement to supply water to the neighbor.  The title company said they had to go with what was on the latest recorded deed even though the owner said not to transfer the clause. The owner said he didn't know that such a clause had been attached to his property deed.  Sounds like a mess doesn't it.

It turns out, the neighbor, then a very dear friend of the owners, had been sharing the commercial well and paying the owner each month for water. One day the neighbor tried to get some financing and found out she couldn't without a well on the property.  Somehow, she was told she could get an approval if she could produce a deed guaranteeing her water rights. During this time, the owner was in the hospital.  The dear neighbor friend had him sign a clause on the deed guaranteeing her water rights and had it recorded. Apparently, he did not realize, she was attaching it to his deed and thought it was just something she needed for the bank.  So there you are.  It all came out in the wash at the closing table.

We had to go through a few hoops, but were able to get the clause removed due to the fact the agreement was no longer binding with the sale of the property, and the closing proceeded.

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Rowlett Real Estate School

Captain Wayne Rowlett Real Estate School

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Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

Good thing, at least this clause terminated with new ownership. That was very scary to kill the whole deal at closing. Great story of how things go for all of us in business some days...

May 23, 2012 01:26 PM #1
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

This is another reason that it is important to pick an experienced title company.

May 23, 2012 04:03 PM #2
Larry Bettag
Larry Bettag - Cherry Creek Mortgage - Saint Charles, IL
Regional Vice-President

You need ... not only experienced, but ethical as well.  Great post!

May 24, 2012 04:37 AM #3
Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change

There are so many details in a given real estate transaction. You learn something new all the time. Glad it all ended well for your clients.

May 24, 2012 06:43 AM #4
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Captain Wayne - Rowlett Real Estate School

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