This isn’t me. This isn’t even someone I know. I just want to make sure I’m advising them properly.
This is jacked up, right? I’m thinking having to pay in cash and having an unreasonable neighbor right off the bat are red flags. I told her I wouldn’t touch such a deal with a ten foot pole, but I don’t really know about these things.
Holy frijoles, RUN AWAY!
Unless they can get the easement in writing, they should pass. It could be a huge, expensive headache down the road. If they really want it, they could offer the neighbors some cash to get the easement legal.
Agreed.
Any time someone refuses to get something in writing in a big flapping red flag.
There’s a reason a bank won’t risk its money on a loan. Are your friends willing to bet that much money?
Okay. Glad my BS meter isn’t calibrated as poorly as I thought.
Regarding deeds, there’s no such thing as a “small snag.” If it were such a minor matter, the seller would have taken care of it years ago.
As for the driveway access, people will sue their neighbors for putting a fence 3" over the property line. “It’s not illegal for me to scatter giant concrete blocks all over my own property! They wouldn’t have wrecked their car if they weren’t tresspassing!”
I quit reading after “small problem with the deed”. Tell your friends to keep looking.
Regards,
Shodan
It’s not much better if the blocks are all in a straight line…
Sounds like someone’s setting up to sell something they don’t own and forestall the victims learning the truth by making them hesitant to discuss things w/ the neighbors until the seller has split w/ their cash. Sweet, sweet, untraceable cash.
If a bank won’t sign a mortgage because of a problem with the deed or title, it’s not a ‘small snag’. It’s a huge issue that will probably derail any attempt by your friend to sell the property later, and will certainly hurt its value. It also probably indicates that there are significant other legal problems with the property. I wouldn’t mind dropping a few hundred dollars on a cheap used car that has title issues of some sort, but is your friend ready to write off the tens or hundreds of thousands of dollars they sink into the house if the problems turn out to be big?
Also, characterizing the neighbors as unreasonable for not wanting to sign over property rights to someone else is not fair to them. There are a lot of explanations for why they don’t want to sign over easement rights - perhaps they have an issue with the property or it’s use, or maybe the seller has angered them in some way, or what the seller wanted them to sign was an unreasonable document. I don’t mention this because I’m worried about unnamed people that none of us have met being offended at being called ‘unreasonable’, but because it is a red flag to me that the seller is either projecting his own issues on the neighbors or that there is more to the story that they’re not telling you.
Good point.
we’ve found an amazing opportunity
Red flag.
unfortunately this building is a cash only sale due to a small snag with the deed.
Double red flags.
the driveway to access the parking is not on the deed, and one of the two neighbors refuses to put anything into writing in regards to access so a traditional loan won’t go through.
Red flags, set and match.
Unless this couple loves hassle, they should drop their “amazing opportunity” and go find something else.
If a bank, who is in the business of smelling good vs. bad deals, won’t give you a loan, that’s time to pass.
The issue with access can likely be sorted out by speaking to the concerned parties and offering them more money. But what other problems lurk? Get a full survey done and speak to the bank about their other concerns.
I remember looking at a property of which it was said that the City Council may own the front garden (and might at some point want to widen the road and make said garden disappear). May own? Yeah not touching that.
Why don’t the neighbors sign anything? One possible answer is that they are unhappy with the cars parking there and want it to stop. They might have no easy way to stop it with the current owners, but they sure aren’t going to make it easy for the next ones. Maybe a good lawyer could use historical access or some such, but that costs $$$.
Such an immense red flag I can’t imagine considering this for more than five seconds.
If they are having trouble selling it now, then if you bought it, YOU would have trouble selling it in the future.
Try thinking ahead about these things! (Something people can’t seem to do these days?)
She’s asking for a friend, just confirming her hinky feeling. I can assure you, Spice is quite smart.
It’s actually a person in an online fitness group I have no relationship to whatsoever. Though I tend to be a little shaky in the common sense department, and I find Dopers do much better with this stuff than I do. You guys serve as good BS meter calibrators. So, thanks.
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