[Jims5543]

In October 2003 I was hired to survey a property for a builder. Typically the builder would order 30-40 lots at a time. It was unknown to me that they would close without a survey in had.

Well, one lot I surveyed had a house encroaching onto it over 10 feet rendering the lot unbuildable.

We found it hard to believe there could be a error this large. We searched the public records for replats, and re-checked out work in the office and in the field 4 times over. This covered a time of about 7 weeks.

We then determined the house to be on our lot and prepared a survey and delivered it to the builder. Unfortunatly they closed on the lot. To say they were pissed at us for not telling them right away would be an understatement.

In an effort to smooth over everything, I offered to purchase the lot. At the time they paid 24K for it. This was now almost a year later. 3/2004 to be exact. A closing date was never set and it kind of fell to the wayside. Then the hurricanes of 2004 hit. Everything was upside down for all of us. Then Hurricane Wilma hit in 2005, again we all forgot about closing this lot.

During all this mess, I was hired to survey the house that is off the property. I was hired in October 2004. I did not realize which house this was when hired but, it quickly became apparent which proprty this was when we arrived at the property.

I contacted the homeowner explained her house was off the property, and I explained I was supposed to buy it but could probably hook her up with the builder to buy.

She did nothing for 2 years until right now. I have been contacted by the attorney to be hired to provide an opinion on if the house is off the property.

As fate would have it I recieved a call this morning from the builder. They dug up this property and are now super pissed we have not closed on it. I told the owner to set the closing for Sept. 13th and to give me the amount of the sale. Bottom line is my builder comes first, they are my client and make me lots of money. I am paying 35K for the lot now after figuring interest and other costs.

So here is my dilema, the Attorney knows I am paying 35K for the lot and wants me to sell it for that much. Fair market value is in the 70-80K range. Besides the 35K I will have to pay about 3K in closing costs as well.

So do I sell for what I have in it or do I sell for fair market?

Part of me says to sell at fair market. Another (my nice or sucker side) says sell for what I have in it.