Survey Questions to Settle Before Signing a Commercial Purchase Agreement

"Texas, often referred to as the Lone Star State, is a thriving hub for economic growth and innovation, making it an attractive destination for commercial real estate investment." - Chris Evans

What to Nail Down About the Survey Before You Sign the Purchase Agreement

By the time most buyers think about ordering a survey, they've already signed a purchase agreement and started the due diligence clock. That timing works fine most of the time — but on properties with any complexity, waiting until after signing to think about survey issues can mean negotiating from a weaker position, or discovering a problem after you've already committed to a deadline.

A few survey-related questions are worth answering before the purchase agreement is signed, not after. They don't take long to ask, and they can change how you structure the contract itself.

Does an Existing Survey Even Exist?

Ask the seller directly whether a survey exists for the property, how old it is, and whether it was prepared to ALTA/NSPS standards. The answer shapes two things: how much of the due diligence period you'll need for survey work, and how much leverage you have to negotiate who pays for it.

If the seller has a recent ALTA survey and is willing to share it, your surveyor may be able to update it rather than starting from scratch — often faster and less expensive than a full new survey. If no survey exists, or the existing one is decades old and reflects improvements that are no longer there, budget for a full survey and make sure your due diligence period is long enough to accommodate it.

Build the Survey Requirement Into the Contract Language

Purchase agreements often reference due diligence and financing contingencies in detail but treat the survey as an afterthought — a line item rather than a defined deliverable. That's a mistake worth avoiding, particularly when a lender is involved.

Before signing, it's worth clarifying in the contract:

• Who is responsible for ordering and paying for the survey

• Whether the survey must meet ALTA/NSPS standards or a lesser boundary standard

• What Table A items are required, especially if your lender has already specified them

• The deadline by which the survey must be delivered relative to your due diligence period

• What happens if the survey reveals an issue that affects the deal — a boundary conflict, an unrecorded easement, an encroachment

Contracts that leave these points vague tend to produce disputes later, usually right when there's the least time to resolve them.

Ask About Access, Easements, and Anything Unusual

Before signing, ask the seller about anything that might not be obvious from the listing description: shared access with a neighboring property, easements that benefit or burden the site, prior boundary disputes, or encroachments they're already aware of. Sellers aren't always forthcoming with this information unprompted, but a direct question often gets a direct answer — and knowing about a potential issue before you sign gives you room to negotiate price, request seller repairs to title, or build in contingencies that protect you if the survey confirms the problem.

This matters most on properties with any history: prior subdivisions, additions built over time, or shared infrastructure with adjacent parcels. A property that's changed hands multiple times or been informally modified over the years is more likely to have a boundary or easement issue than a recently platted, single-owner tract.

Think About Timeline Before You Agree to One

Due diligence periods are often set based on financing or inspection needs, without much thought given to how long a survey will actually take. A 30-day due diligence period sounds reasonable until you learn the property is 60 acres with multiple easements to research, or that surveying firms in the area are currently booked several weeks out.

Before agreeing to a due diligence timeline, it's worth getting a rough sense from a surveyor of what a realistic turnaround looks like for a property of that size and complexity. That conversation can happen before you're under contract — most surveying firms are willing to give a preliminary estimate based on property details alone, without a signed engagement.

Confirm What Your Lender Will Actually Require

If financing is part of the deal, loop in your lender before finalizing contract language around the survey. Lender requirements can vary — some accept a recent existing survey with an update, others require a brand-new ALTA survey regardless of what's available. Finding this out after signing, once the due diligence clock is already running, is one of the more common ways closings get delayed.

What Happens if the Survey Finds a Problem After You've Signed

Even with good contract language, it's worth thinking through what happens if the survey turns up something unexpected — an encroaching fence, a structure built partially over an easement, an access point that doesn't legally exist. A well-drafted purchase agreement should specify how much time you have to review survey results, whether you can request seller remedies, and under what conditions you can walk away without losing your earnest money. Buyers who address this before signing tend to have a much smoother path through due diligence than those negotiating remedy language for the first time after a problem is already on the table.

A Few Questions Now Save Renegotiation Later

None of this requires ordering a survey before you're under contract. It requires asking the right questions of the seller and your lender, and making sure the purchase agreement reflects real answers instead of boilerplate language. A buyer who does this walks into due diligence with a clear survey plan already in motion, rather than starting the conversation from zero once the clock has already started.

Getting ready to sign a purchase agreement on a commercial property? Contact South Texas Surveying with the property location, approximate acreage, and your anticipated due diligence timeline, and our team can give you a realistic scope and turnaround before you finalize contract terms.