r of the ownership. Quite frequently an owner may believe that
he has a clear title when, as a matter of fact, his title is derived
through some testamentary instrument which gives him a holding only for
life, or perhaps trusts have been set up in the will which are a charge
upon the property, although all of the beneficiaries of the trust have
been long since dead. There are many hundreds of possible legal
complications affecting the validity of the title and it is usual
to-day to have titles insured and, in agreeing to buy, to specify that
the "title must be marketable and insurable by a reputable title
insurance company." The word "marketable" as here used means a title
which is unquestionable. The prospective buyer must also be careful to
specify that the title shall be "free and clear" and that all taxes
shall be apportioned to the day of settlement. Otherwise the buyer would
have to take title subject to a lien of any judgments or other liens of
record and also subject to unpaid taxes.
A real estate transaction may be very complicated indeed, and it is wise
for a buyer to take precautions to the end of seeing that he purchases a
piece of real property rather than a right to a lawsuit. Most letters
offering real estate for sale are written in response to inquiries
generated by an advertisement. The letter offering the property is
designed to bring forth a visit from the inquirer. Therefore only the
information which seems best adapted to bring about that visit should go
into the letter. The temptation is to tell too much, and the danger of
telling too much is that one may inadvertently force a negative
conclusion. It is better to keep down to the bare, although complete,
description rather than to attempt any word painting. The description is
best supplemented by one or several photographs.
The important points to be summarized are the situation of the house,
the architectural style, the material of which it is constructed, the
number of rooms, and the size of the lot, with of course a description
of any stable, garage, or other substantial out-buildings. These are
the elementary points of the description. One may then summarize the
number and size of the rooms, including the bathrooms, laundry, and
kitchen, the closet spaces, fireplaces, the lighting, the roofing, the
floors, the porches, and the decorating. The most effective letter is
always the one that catalogues the features rather than describes them.
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