All Forum Posts by: Peter Yeh

@Mark Brown, 

So many great tips. Really appreciated. 

When talking with the lawyer today he was also surprised that the U.E. is so wide. My guess is that because this house does not have a back side neighbor, the whole U.E. that's usually shared by two houses now runs inside one. 

If I go through the lender route and get my loan disapproved. Does this affect me negatively for the next loan application?

@Jennifer Ryan, @Steve Morris, thanks for your input. 

@Guy Gimenez, yes U.E. is on the plat. 

I had a discussion with a RE lawyer today. He said that as a buyer I can always object and terminate the contract (no one can force you to buy something you don't want). However that doesn't mean that I'm guaranteed to get my EM back (he needs to look at the contract to determine but we didn't have time for that). 

@Neil Narayan, thanks for confirming.

@Bruce Lynn, 

Thanks for the reply. 6D states that Buyer must object the earlier of (i) the Closing Date or (ii) ___ days after Buyer receives the Commitment, Exception Documents, and the survey. In my case it is 3 days. I interpret that as 3 days after I received all three documents. Since the title commitment was delivered yesterday, I'm still within the period to object. 

I know for sure it's not for sewer. Most likely electricity and gas. The U.E. band is quite wide (14'), extending from the fence to 1' away from the house. Exactly where the lines are buried I do not know. 

Not really other options for a patio. In this case I'd probably put something that's easy and cheap to remove and recover.

Hello BPers, 

I'm currently in the process of buying a house in the Houston area and need some help on understanding the Objection section of the contract (section 6D). Appreciate if you can share your knowledge and experience. 

Background: I received a survey that was accepted by the title company when signing the purchase contract. The title commitment was sent to me yesterday and, upon a closer examination, I noticed that the U.E. (utility easement) is very close to the house (~1ft). I still like the house but it's a bit annoying now knowing that I cannot comfortably put in e.g. a patio in my backyard if I'd like to do so in the future. 

So my questions are:

1. Can I make objections based on this finding? Section 6D in my contract states that 

Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (9) above; or which prohibit the following use or activity: Residential

Since U.E. is stated in 6A(4) (Utility easements created by the dedication deed or plat of the subdivision in which the
Property is located.), does this mean that I don't have a case for Objection?

2. What are the possible outcomes of this objection? Since this issue cannot be cured, there's no point of a Cure Period. So the results can only be either we terminate the contract or I accept the property as is. Do I understand correctly?

Thanks in advance for your input.