34. 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
The broker should contact the municipality to determine if selling the building site is possible, and then have a surveyor prepare the description.
To proceed appropriately, the broker must first verify the legality of selling a portion of the property by contacting the municipality. Once confirmed, a surveyor can prepare the necessary legal description for the one-acre building site.
A) Pace off the land, put markers on the corners, and advertise the building site for sale
This option is incorrect because it skips essential legal and regulatory steps. Before advertising, the broker should ensure that selling a portion of the property is permissible according to local laws and zoning regulations.
B) Draw up the legal description of the property, list it, and begin the marketing campaign
While creating a legal description is important, this option is premature without first confirming with the municipality that the sale of a part of the land is allowed. Proceeding without this verification could lead to legal complications.
C) Refuse the assignment, as one cannot divide and sell a portion of one's land without selling all of it
This option is not entirely correct because it assumes a blanket rule that may not apply in all cases. The broker should investigate whether the municipality permits the sale of a portion of land before refusing the assignment outright.
D) Contact the municipality to determine if this is possible, and then have a surveyor prepare the description
This is the correct approach. By contacting the municipality, the broker can ascertain the legal viability of the sale and ensure compliance with local regulations before moving forward with the sale and obtaining a legal description.
Conclusion
The correct answer, option D, is the best course of action as it ensures that all legal requirements are met before proceeding with the sale. Options A and B fail to address the necessity of confirming legality prior to taking action, while option C incorrectly assumes that selling a portion is not possible without first checking. Therefore, option D stands out as the only responsible and legally sound approach.