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The listing agent believes the metes and bounds legal description of the property listed is incorrect. What action should be taken at this point?

Rationale

A surveyor or title attorney should be contacted if any corrections are to be made.

If the listing agent believes the metes and bounds legal description is incorrect, it is crucial to consult with a professional who specializes in property descriptions to ensure accuracy and legal compliance. Engaging a surveyor or title attorney ensures that any corrections made are valid and properly documented.

A (The agent should do nothing as this is not an area of expertise.) YOUR ANSWER

This choice suggests inaction, which is not appropriate when a potential legal issue is identified. Ignoring the discrepancy could lead to significant problems for the property owner and may result in legal consequences. Proactive measures should be taken to address any concerns regarding property descriptions.

B (If the agent is knowledgeable, the correction should be made and recorded.) YOUR ANSWER

While it is commendable for an agent to take initiative, making legal corrections without proper expertise can lead to further complications. The agent may not have the required legal authority or technical knowledge to accurately amend a metes and bounds description. Professional intervention is necessary to ensure correctness.

D (The agent should contact the municipality and make the corrections at the court house.) YOUR ANSWER

This option is misleading as it implies that the agent can directly make legal changes at the courthouse. Only qualified professionals, such as surveyors or title attorneys, should handle property descriptions. The municipality typically requires proper documentation from certified experts before any changes are accepted.

Conclusion

Addressing inaccuracies in a metes and bounds legal description is a critical responsibility that requires professional expertise. The most prudent action is to consult with a surveyor or title attorney, who can provide the necessary skills and legal authority to correct any discrepancies. This approach not only ensures the accuracy of property descriptions but also protects all parties involved from potential legal issues.

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