The seller's dead father is still on the deed of the 18 acres I bought
Title commitment came back Friday on an 18 acre parcel I have under contract at 42,000. Builder buyer has verbally agreed to 68,000 and wants four lots off the road frontage. Two problems on the commitment.
First, the seller's father is still a grantee on the last recorded deed. He died in 2011 and nobody opened an estate. Seller says he and his sister are the only heirs and he knows of no will. The title company flagged it and said the fix is either a probate or an affidavit of heirship depending on how that state treats an unadministered estate, and I'm told which one applies is a question for a title attorney licensed there.
Second, minerals were reserved in a 1974 deed out of a family I can't trace. Surface only.
Access is a dirt lane the county never accepted. Seller has used it 30 years, the adjoining owner has never objected, nothing recorded either way.
What I have: 500 earnest, a 21 day inspection period with 9 days left, and a contract that reads buyer and/or assigns with no consent requirement.
The decision is whether I assign at 68 with the commitment disclosed and let the builder's attorney run the curative work, or ask the seller for a 60 day extension while heirship gets sorted, or terminate and keep the 500. Builder hasn't seen the commitment yet. I meet him Tuesday.