Schuyler County Clerk Theresa
Philbin and County Attorney Steven Getman are warning property owners to be
aware of unsolicited offers to buy land in Schuyler County, often at a deep
discount from the actual value.
“Reports have surfaced this month of a
company soliciting property owners in
the area offering to buy vacant land for cash,” Philbin said. “The offers include a Purchase and Sale
Agreement, asking the owner to sign and send back within a short period of
time. The quick cash offer they make is
always below the assessed value, and sometimes by as much as 15 to 25 percent.
That could cost you thousands of dollars, depending the price and your property’s
actual value.”
“Many of these buyers are, basically,
throwing out nets to see if they can find an owner who doesn't understand the
real value of their property or an owner that wants to sell quickly at (almost)
any cost. They may be senior citizens, facing a personal situation that is
forcing them to consider selling their real estate. These buyers are often
hoping to find sellers willing to sell at 85% or less of the true market
value.”
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County Attorney Steven Getman,
County Clerk Theresa Philbin |
While the offer may be perfectly legal, signing
and sending back the agreement, Getman pointed out, would create a binding
contract. That contract, Getman said,
may obligate the owners to conditions or expenses they did not understand
before signing.
“For example, the offer may state the buyer
will pay all closing costs, but also require the seller to clear up any liens
or encumbrances on the property at the seller’s own expense before the sale,”
Getman explained. “That could include
mortgages, property taxes or even electric, water and sewer bills. If the sale price does not cover those
expenses, the sellers could be left paying out more than they are getting for
the property.”
In another case, Getman noted, the offer
required to seller to convey to the buyer all personal property located on the
land.
“That could include items such as expensive
appliances, motor vehicles or even items of sentimental value,” Getman said.
Therefore, property owners should review any
documents very carefully and consult an experienced attorney before signing any
type of agreement, Getman said.
Philbin and Getman offered several tips to
property owners who receive unsolicited offers to buy their land:
- Never sign anything until you are sure you want to move forward
- Have your own attorney review the document before your sign
them. If you do not have an attorney, the New York State Bar Association may be
able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and
Information Service: https://www.findalawyernys.org.
- Check out the would-be buyer online. If someone is
legitimately interested in buying your home, you should be able to retrieve
information about them. Look for any red flags such as bad reviews or lawsuits.
- Ask for references. If the buyer will not offer any,
something is wrong. If their references are sketchy and cannot be verified, you
need to rethink doing business with that person.
- Find out the fair market value of your home before you agree
to a price.
- Consider bringing in a real estate professional to represent
you and give you a fair opinion of your land’s value. If the buyer is
legitimate they should be willing to discuss terms with your agent.
- If selling your property seems like a good idea, do not jump
at the first offer made (especially if it represents just a small fraction of
the land’s worth).
Finally, if you receive anything in the mail about
your property that seems questionable, Philbin and Getman said that you can
contact the County Clerk or, in the event of possible criminal activity, local
law enforcement.
“Keep in mind that this is often totally
legitimate,” Getman said. “The goal here is to understand what you may
sacrifice for convenience.”
“Know your rights before you sign,” Philbin
said.
The Schuyler County Clerk is responsible for
all books, files and other necessary equipment for the filing, recording and
depositing of deeds, maps, papers in actions and special proceedings of both
civil and criminal nature, judgment and lien dockets and books for the indexing
of the same as directed or authorized by law.
The Schuyler County
Attorney is the legal advisor for county government and its various officials.
The County Attorney prosecutes and defends civil actions on behalf of the
county and county employees acting pursuant to their official duties.
