E-mail your question to "Ask George & Chuck". The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
Dear George: I'm in the process of buying a house. Who pays for the survey? The contract is confusing to me.
Answer: Let's assume the contract you refer to is the Texas Real Estate Commission One To Four Family Residential Contract (Resale), which is the contract most people use when buying and selling existing residential property. The party responsible for paying for the survey depends on which of three boxes is checked in Section 6C, Survey. The first selection indicates the seller will provide an existing survey or the buyer will obtain a new one at the seller's expense, given certain conditions. The second one says that the buyer will obtain and pay for a new survey. The third choice indicates that the seller will obtain and pay for a new survey. One of those boxes should be checked, depending on what you and the seller agreed upon.