39. The listing agent believes the metes and bounds legal description of the property listed is incorrect. What action should be taken at this point
Answer: C
A surveyor or title attorney should be contacted if any corrections are to be made.
When a listing agent suspects that the metes and bounds legal description is incorrect, the appropriate action is to contact a surveyor or title attorney. These professionals have the expertise necessary to assess and correct any discrepancies in the legal description accurately.
A) The agent should do nothing as this is not an area of expertise
This option is incorrect because it is essential for the agent to take action when there is a potential error in the legal description. Ignoring the issue could lead to significant legal complications or disputes over property boundaries.
B) If the agent is knowledgeable, the correction should be made and recorded
While a knowledgeable agent may be able to identify issues, attempting to make corrections without professional assistance could lead to further errors. It is crucial to involve a qualified surveyor or title attorney to ensure that any corrections are accurate and legally binding.
C) A surveyor or title attorney should be contacted if any corrections are to be made
This is the correct option, as a surveyor or title attorney possesses the necessary expertise to evaluate and correct metes and bounds descriptions. Their involvement ensures that any changes are conducted properly and legally, safeguarding the interests of all parties involved.
D) The agent should contact the municipality and make the corrections at the court house
This option is incorrect because it places an undue burden on the agent to make legal corrections, which is not within their professional capacity. Proper legal corrections should be handled by qualified professionals to ensure compliance with local laws and regulations.
Conclusion
In summary, contacting a surveyor or title attorney is the definitive action to take when there is a concern about the accuracy of a metes and bounds legal description. This approach ensures that any necessary corrections are made by qualified experts, thus preventing potential legal issues that could arise from unqualified attempts to amend the description. All other options either neglect the issue or suggest actions outside the agent's expertise.