Posted By Cee Gee on 9/28/2009 at 10:44 AM
We surveyed a proposed outconveyance in 2001. This year the owners (our original clients, who never did sell it) asked us to find the pins (they couldn't) and rough-flag the pins and the sidelines. We did so. Didn't take long.
We later find out that the town changed its ordinance in 2004 and the lot is probably no longer legal.
Did I have any ethical or legal responsibility to look into this as part of a contract not to create but merely to flag up the lot? Nothing in our state standards explicitly says I do, and I certainly was not asked to.
The owners are friends so I don't anticipate any unpleasantness -- just curious, and also wondering if I should cut them a price break if we have to redo the lot (which would not be hard).
I'm not asking anyone to second-guess the legality of the lot, just want opinions as to my culpability.
ethical (or liability?) question
September 28, 2009