“We Don’t Need a Survey”—Until You Do: A Real Estate Cautionary TaleBy GOTlib Law
- zacharygotlib
- May 21
- 2 min read
As a New Jersey real estate attorney, I’ve seen my fair share of last-minute surprises—but few are more avoidable than this one.
Recently, I represented a buyer purchasing a residential property in New Jersey. Early in the process, I advised my client to order a property survey. Their response was a familiar one: “We don’t need a survey. It’s just an extra cost.”
Fast forward to the day before closing. I received a frantic call from the buyer—their mortgage lender had just informed them that a survey was required to close the loan. That survey, which they initially declined, suddenly became the one thing standing between them and the keys to their new home.
Why Property Surveys Matter
A land survey is more than just a map. It confirms essential details such as:
Whether the home and improvements (like fences, driveways, or pools) are within legal property boundaries.
Whether there are any encroachments or boundary disputes.
Easements or right-of-way issues that could affect future use.
Whether structures comply with local zoning and setback requirements.
Lenders and title insurance companies often require a current survey to ensure the property has a clear legal description and is free of encumbrances that could affect ownership or resale value.
The Pitfalls of Waiting
In this case, because the survey was ordered at the last minute, the buyer had to pay a rush fee—if a licensed surveyor could even accommodate the short notice. Even worse, the closing risked being delayed, which could lead to:
Rate lock expiration
Additional moving or storage costs
Penalties for breaching the purchase agreement
And if the survey revealed a significant issue? That could open the door to legal disputes, renegotiation, or even deal cancellation.
How to Avoid This Real Estate Headache
Trust Your Real Estate Attorney. I recommend a survey because I’ve seen the consequences of skipping it. It’s an investment in peace of mind and legal protection.
Talk to Your Lender Early. Confirm whether they require a survey—don’t assume anything.
Order the Survey Right After Attorney Review. This gives you and your legal team time to respond to any red flags.
Plan for the Cost. A typical residential survey in New Jersey costs between $500–$1,000. Compared to the risks, it’s well worth it.
Protect Your Investment with the Right Legal Guidance
Real estate transactions are complex—and every detail matters. The right legal advice can help you avoid preventable issues, protect your investment, and ensure a smooth closing.
If you’re buying or selling property in New Jersey, don’t take unnecessary risks. Partner with a trusted New Jersey real estate attorney.
✅ Schedule a consultation today at GotlibLawOffice.com or give us a call at 732-548-3133.
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