Contradictory information in contract?

**batmanppc** · 06-01-2009, 03:40 PM

Just trying to get my head wrapped around somethings...

In the process of making an offer on a property. The county disclosure has everything which the Seller agent has marked as unknown. There are two that are bothering me as I read them mainly because even though they're marked as unknown, the agent is asking me to sign other documents that contradict the 'unknown'. The first being a tree conservation notice which is supposed to include a property plat (which was not provided) and the other more concerning one is Notice that the Seller does not hold Title.

I'm being pretty adamant about the tree conservation notice inconsistency. Why sign something saying "I agree" when it's supposedly unknown (not to mention incomplete; missing plat).

I understand the title situation as it is a foreclosure property but still concerned because there is nothing in the bank counter documents indicating resolving any title conflict issues that a title search may turn up.

Am I being too paranoid? For the Title, if it is the case that the property is no longer in foreclosure proceedings and the bank does indeed hold the title, can I demand the Seller agent update the disclosure thereby completely avoiding the whole Unknown title holder notice issue?

P.S. I checked with the state taxation office. The property is indeed showing as being owned by the bank.

**Greg** · 06-04-2009, 05:16 AM

Don't worry about the title issue. Your closing/escrow agent should do a title search to make sure the house becomes yours.

**craig** · 06-04-2009, 11:08 AM

Do you have an agent representing you?
As far as title issues and defects in title should show up in the title search the settlement company does. You should also get a title insurance policy to protect yourself if anything comes up later that wasn't caught. This will be required if you have a lender and owners is optional. I would recommend getting it though.
Without seeing your contract I am not sure about the conservation notice issue. Contracts in my area have a para. in the contract about conservation notice and I'm sure the banks would mark it unknown since they really don't know but most likely it doesn't even apply. It sounds like if there is a tree conservation they need to provide a plat and don't if there isn't. Your agent should be able to get you a plat anyway on the property unless it is an old one with no records.