75. A recently widowed farm owner has called a broker to list a one-acre building site in order to raise the money to pay the property taxes. How should the broker proceed
Answer: D
Contact the municipality to determine if this is possible, and then have a surveyor prepare the description.
The broker should first contact the municipality to verify whether selling a portion of the land is permissible. Once confirmed, a surveyor can then prepare the legal description necessary for the listing.
A) Pace off the land, put markers on the corners, and advertise the building site for sale
This option is incorrect because it neglects the necessary legal steps involved in subdividing property. Before advertising, the broker must ensure that local regulations allow for the sale of a portion of the land and have an accurate legal description prepared.
B) Draw up the legal description of the property, list it, and begin the marketing campaign
While preparing a legal description is essential, this option is premature without first confirming with the municipality that the property can be subdivided and sold. Proceeding without this confirmation could lead to legal issues.
C) Refuse the assignment, as one cannot divide and sell a portion of one's land without selling all of it
This option is incorrect because it generalizes the rules regarding property sales. Many municipalities allow for the sale of portions of land, provided that the proper legal processes are followed. Thus, refusal without investigation is not justified.
D) Contact the municipality to determine if this is possible, and then have a surveyor prepare the description
This is the correct approach as it ensures compliance with local regulations before proceeding with the sale. It demonstrates due diligence by verifying legalities and obtaining an accurate property description, which is critical for a successful transaction.
Conclusion
The correct answer is D, as it emphasizes the importance of checking municipal regulations before any marketing or sales activities. Options A, B, and C overlook crucial legal considerations, making them inappropriate actions for the broker. D ensures that the broker acts within legal boundaries while preparing for the sale.