Selling land without a title company

[batmaninja]

I inherited an undivided interest in some land. It doesnt have great access, and frankly isnt that great of a tract of land. Guy approached me to buy it for not that much money, and pay off the back taxes. Bacillary him giving me cash to sign a deed he is going to draft.

I just want to make sure he pays the back taxes and I dont have any liability going forward. Is there a way to do that?

[The Crippler]

Just have him pay the taxes before you sign the deed and present a tax certificate showing that he did. Even if he doesn't, the liability for back taxes attaches to the land. Just make sure that he prepares the deed that you sign. I'd also have a simple contract you both sign memorializing the transaction.

My recommendation is to have a professional help you out. A lawyer shouldn't charge more than a couple hundred dollars to get it done right.

[Grayson]

Just have him pay the taxes before you sign the deed and present a tax certificate showing that he did. Even if he doesn't, the liability for back taxes attaches to the land. Just make sure that he prepares the deed that you sign. I'd also have a simple contract you both sign memorializing the transaction.

My recommendation is to have a professional help you out. A lawyer shouldn't charge more than a couple hundred dollars to get it done right.

This. And....is he buying all of the undivided interests, or just yours? What was the source of your inheritance (i.e., what documents exist to demonstrate your interest)? Probate? Affidavit of Heirship?

[batmaninja]

My recommendation is to have a professional help you out. A lawyer shouldn't charge more than a couple hundred dollars to get it done right.

Thats almost all of my profit margin though.

He is just buying my interest, and my brothers. Plan on reserving minerals. Giving him the contact info for some other heirs and letting him work that end out. I want to say the chain of title dates back along ways, to around 1900. So its mainly probated death certificates and wills.

[curtintex]

Just have him pay the taxes before you sign the deed and present a tax certificate showing that he did. Even if he doesn't, the liability for back taxes attaches to the land. Just make sure that he prepares the deed that you sign. I'd also have a simple contract you both sign memorializing the transaction.

My recommendation is to have a professional help you out. A lawyer shouldn't charge more than a couple hundred dollars to get it done right.

This. And....is he buying all of the undivided interests, or just yours? What was the source of your inheritance (i.e., what documents exist to demonstrate your interest)? Probate? Affidavit of Heirship?

I wouldn't listen to either of these two guys. I'd wait until a plumber or auto mechanic give their advice and then do whatever the fella at the feed store says his brother-in-law did. I mean, what good is TBH legal advice if you get it from a member of the State Bar? Personally, I'd PM Pushbutton2 and see how he'd handle it...

[RMW]

I wouldn't listen to either of these two guys. I'd wait until a plumber or auto mechanic give their advice and then do whatever the fella at the feed store says his brother-in-law did. I mean, what good is TBH legal advice if you get it from a member of the State Bar? Personally, I'd PM Pushbutton2 and see how he'd handle it...

Classic ^^ The pushbutton2 recommendation comment put it over the top

[JayB]

I would spend the good $$ and have Grayson represent you and your brother.

[texansfan]

I inherited an undivided interest in some land. It doesnt have great access, and frankly isnt that great of a tract of land. Guy approached me to buy it for not that much money, and pay off the back taxes. Bacillary him giving me cash to sign a deed he is going to draft.

I just want to make sure he pays the back taxes and I dont have any liability going forward. Is there a way to do that?

I do that (buy) all the time

I use the same deed I've had a lawyer draft for me years ago.
No title search.
Cash and Carry.
Once you sign that deed you're released of everything going forward.

[texansfan]

I would spend the good $$ and have Grayson represent you and your brother.

He should just give the guy the land then
My guess is he's not even being offered $500 for his portion.
So $300 for a lawyer to even get out of bed will basically leave Batman with Chipotle money

[Grayson]

I'm not trolling for bidness here, and geographically The Crippler appears to be closer.

If the dude wants the land bad enough he'll pay the seller's atty fees anyway.

When you start mentioning "mineral reservations" and "as is-where is", it pays to have the Buyer pay a lawyer to clean it all up for you.

[J Wales]

I do that (buy) all the time

I use the same deed I've had a lawyer draft for me years ago.
No title search.
Cash and Carry.
Once you sign that deed you're released of everything going forward.

That depends on what the deed says. It could be a deed that provides no warranties of title, or it could warrant to the buyer that he is obtaining title free from any encumbrances, easements, prior mineral reservations, etc. If the buyer later finds out that the seller did not have the title he conveyed in the deed, the buyer could come back against the seller.

There is also always a possibility that the buyer could come back and claim that the seller made certain representations to the buyer regarding the condition of the property.

I'm sure one of the guys named above would do a good job of addressing those issues on behalf of the OP.

[Randy]

Don’t worry about back property taxes when selling a property . Tax follows ownership.

Your back taxes will become someone else’s problem as soon as the ownership changes. You are free and clear after this.

Generally a halfway savvy potential buyer is aware of the back tax and negotiates those in the purchase price.

[Swampa]

He should just give the guy the land then

My guess is he's not even being offered $500 for his portion.

So $300 for a lawyer to even get out of bed will basically leave Batman with Chipotle money

And you brought no legal advice to your post. Keep spewing


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