Is an electronic signature valid?

Yes. Electronic signatures are legally binding under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes in most states, provided intent, consent, attribution, and record retention requirements are met.

Can the agreement be notarized remotely?

Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; check your state’s notary authority because rules and availability vary.

Who must sign the agreement?

The owner or authorized representative should sign; lenders or title companies typically require countersigned copies. Confirm signatory authority to avoid challenges to enforceability.

What if there is an error after signing?

Minor clerical errors often require re-execution or corrective addendum signed by the same parties; material inaccuracies may necessitate legal review or indemnity language revision.

Which supporting documents should be included?

Attach the signed survey, referenced plats, deed excerpts, and any title commitment sections relied on to provide a complete record for underwriting and post-closing reference.

How long should records be retained?

Retain executed agreements and surveys for the life of the transaction plus recommended retention (IRS: 3 years; HIPAA where applicable: 6 years); state rules may extend these periods.

Electronic Signature
Templates
Miscellaneous
Survey Representation Agreement

Survey Representation Agreement

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Survey Representation Agreement

Parties

Client Name Client Address Representative Name Representative Address

Recitals

WHEREAS, Client desires to secure surveying, representation, and related services in connection with the property and matters described in this Agreement; and

WHEREAS, Representative is qualified and agrees to provide surveying, representation before governmental or private entities, coordination with third-party surveyors, preparation and delivery of survey reports and exhibits, and related services on the terms set forth herein; and

WHEREAS, the parties wish to set forth the scope, compensation, and other terms under which Representative will act for Client, effective as of .

Scope of Work

Representative shall perform the services described below and any additional tasks mutually agreed in writing. Representative shall coordinate with licensed surveyors, prepare required exhibits and certifications, attend meetings or hearings as necessary, and communicate regularly with Client regarding progress.

Detailed Description of Services Deliverables

Payment Terms

Client shall pay Representative for services rendered according to the following terms and schedule.

Total Fee Payment Schedule Late Payment

All invoices are due as set forth in the Payment Schedule. Unpaid amounts shall accrue interest at the rate set forth above and Representative may suspend work if payments are more than days overdue after notice.

Retainer Required

Representative requires a retainer prior to commencement of work. If checked, retainer amount and crediting will be set forth in the invoice.

Term and Termination

This Agreement commences on and, unless earlier terminated in accordance with this Agreement, shall continue until .

Notice Period for Termination

Either party may terminate for convenience upon providing the notice period above. Either party may terminate immediately for material breach that is not cured within 15 days after written notice, or immediately for fraud, willful misconduct, or violation of law affecting the services.

Confidentiality

Each party shall keep confidential all non-public information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential, including survey data, legal strategies, pricing, and client lists ("Confidential Information"). Representative shall not disclose Confidential Information except to agents and subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those herein.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was known by the receiving party prior to disclosure; (c) is received from a third party without breach of an obligation; or (d) is required to be disclosed by law or court order, provided that the receiving party gives prompt written notice to the disclosing party and cooperates in seeking protective measures.

Duration of Confidentiality

Insurance and Indemnity

Representative shall maintain general liability, professional liability (errors and omissions), and worker's compensation insurance in commercially reasonable limits. Upon request Representative shall provide certificates of insurance.

Representative agrees to indemnify, defend and hold Client harmless from and against third-party claims arising out of Representative's negligent acts or willful misconduct in performing the services, except to the extent caused by Client's negligence or willful misconduct.

Ownership; Use of Survey Data

Unless otherwise agreed in writing, Client shall own final survey reports and deliverables for Client's use. Representative retains ownership of its drafts, working papers, and proprietary methodologies, provided that Representative grants Client a perpetual, non-exclusive license to use all final deliverables for Client's property-related purposes.

Compliance; Standards

Representative shall perform services in accordance with applicable statutes, regulations, and professional standards for land surveying and representation. Representative shall obtain and maintain any necessary licenses and permits.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

Limitation of Liability

Except for liability arising from willful misconduct, gross negligence, or breach of confidentiality, each party's aggregate liability to the other for claims arising out of or related to this Agreement shall be limited to the amounts actually paid by Client to Representative under this Agreement during the twelve (12) months preceding the claim.

Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Miscellaneous Provisions

Relationship of Parties: Representative is an independent contractor and not an employee, partner, or agent of Client. Representative shall be responsible for all taxes and employment-related obligations for its personnel.

Notices: Any notice required or permitted shall be in writing and delivered to the addresses listed above or to such other address as a party designates in writing.

Client:

By:

Date:

Representative:

By:

Date:

What a Survey Representation Agreement Is and When It Applies

A Survey Representation Agreement is a written statement in which a party—typically a seller, borrower, or property owner—represents facts about a land survey to a recipient such as a lender, title company, or purchaser. The agreement summarizes who prepared the survey, the survey date and scope, known encroachments or easements, and any exceptions or qualifications. It is often attached to closing documents or title commitments to allocate responsibility for survey accuracy and to enable timely underwriting or recording. Parties use it to streamline closing, reduce title objections, and clarify post-closing remedies.

Why a Clear Representation Matters for Closings and Title

A concise Survey Representation Agreement reduces ambiguity about the survey’s scope and party responsibilities, which helps avoid last-minute title objections and closing delays. It also documents the surveyor’s inputs and the owner’s knowledge of on-site conditions, supporting smoother underwriting by lenders and title insurers.

Who Typically Prepares and Receives This Agreement

Use the agreement to set clear expectations among these parties and to create a documented record for post-closing disputes or insurer inquiries.

Title and closing agents who rely on the representation to resolve survey-related exceptions during title insurance issuance.
Lenders who require survey-related disclosures for underwriting and collateral evaluation prior to funding.
Property sellers or owners who confirm known encroachments, easements, and the scope of survey work.

Core Elements to Include in a Professional Survey Representation Agreement

A well-drafted agreement is concise but complete, naming parties, describing the surveyed property, stating surveyor certifications, and attaching the survey as an exhibit to avoid ambiguity.

Parties

Identify each party by full legal name and role (owner, lender, title company) to avoid signatory confusion and ensure enforceability.

Property Description

Provide the full street address plus the legal description or parcel ID; an imprecise description can invalidate survey-based representations.

Survey Details

State the survey date, type (ALTA/ACSM, boundary, topographic), scale, and who performed it so recipients understand scope and limitations.

Certifications

Include the surveyor’s certification language and license number where required by state law or title insurer standards.

Exhibits

Attach the signed survey drawing and any referenced plats or legal instruments; reference exhibit labels clearly within the agreement.

Execution

Provide signature blocks for each party, date lines, and any notary acknowledgement or witness lines required under state rules.

Security and Compliance Considerations for Electronic Versions

Encryption: TLS 1.2/1.3 in transit

Data at rest: AES-256 encrypted storage

Audit trail: Comprehensive timestamps and IP logs

Certifications: SOC 2 Type II available

Regulatory: ESIGN and UETA compliant

Health data: HIPAA BAA available

Step-by-Step: Completing the Agreement for a Typical Transaction

Follow these steps in order to prepare, review, execute, and distribute the Survey Representation Agreement efficiently.

01

Prepare Document: Populate parties, description, and survey exhibit.
02

Verify Survey: Confirm survey date, scope, and surveyor credentials.
03

Execute: Have required signers sign and notarize if mandated.
04

Distribute: Send copies to title, lender, and retain originals.

How to Customize and Complete the Agreement Online

Common online workflow settings help automate fields, verify signers, and preserve an evidentiary audit trail for the executed agreement.

Field	Configuration
Auto-detection	Enable automatic recognition for names, dates, and addresses to reduce data entry errors.
Conditional Logic	Show notarization blocks only when the signer selects 'Notarization required' to simplify the document for other transactions.
Signer Authentication	Choose email link, SMS code, or identity verification depending on transaction risk and lender requirements.
Template Save	Save as template for recurring closings to standardize language and speed preparation.

Where to Send the Signed Agreement and Typical Recipients

After execution, route the signed agreement to parties who need it for underwriting, closing, or recordkeeping; follow any lender or insurer instructions precisely.

Title Company: Provide for review and to clear survey exceptions.
Lender: Supply to satisfy pre-funding due diligence requirements.
Seller/Owner: Retain an executed copy for the transaction file.
Recorder (if required): Record only when the agreement or exhibit requires public filing.

Digital Signing and File Format Requirements

Ensure chosen e-sign platform supports the file types and authentication level required by your lender, title insurer, or regulatory body.

File Types: PDF, Word DOCX, or image PDFs
Integrations: Salesforce, NetSuite, Google Workspace
Audit Support: Maintain tamper-evident audit trail

Typical Timing Expectations and Contract Triggers

Timing depends on the purchase contract and lender requirements; begin the survey review early to avoid closing delays.

Provide on Request:

Deliver survey and representation when escrow or title requests it.

Contract Contingency:

Complete review within the contract’s survey contingency window.

Title Commitment:

Submit prior to final title commitment issuance when possible.

Closing Date:

Resolve survey exceptions well before closing to prevent postponement.

Recording Actions:

Record only required exhibits per agreement or state practice.

Common Mistakes to Avoid When Preparing the Agreement

Using an informal property description that does not match recorded deed leads to lender or title objections and possible rework.
Failing to attach the actual signed survey exhibit causes ambiguity about what the representation covers and can delay underwriting.
Omitting the surveyor’s license and certification language can make the survey unacceptable to title insurers or state regulators.
Signing before notarization or incorrect notarization can invalidate acknowledgements and require re-execution at additional cost.

Primary Risks if the Agreement Is Incorrect or Incomplete

Title Defect Liability: Increased indemnity exposure

Closing Delays: Funding postponement risk

Insurance Denial: Title insurer exception added

Re-survey Costs: Unplanned professional fees

Legal Disputes: Potential breach of contract claims

Regulatory Risk: Noncompliance with state rules

Comparison: eSignature Pricing and Key Capabilities

High-level vendor comparison focused on starting price and core features relevant to document execution; signNow is listed first for neutral comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-World Use Cases for a Survey Representation Agreement

These concise scenarios show how survey representations streamline title clearance and lender underwriting in common transactions.

Residential Closing

A seller provides a current ALTA survey as an exhibit and represents no known encroachments

Lender requires survey certification to release funds
The title company cleared exceptions faster and the transaction closed on schedule with documented disclosures and the survey attached for future reference.

Construction Loan

A borrower supplies a boundary/topographic survey and represents it accurately reflects improvements

Lender conditions disbursements on survey confirmation
The representation helped the lender coordinate draw inspections, reduced disputes about site limits, and supported lien waiver processing during the project lifecycle.

Practical Tips for Accurate and Efficient Completion

Adopt these best practices to reduce rework, satisfy insurers and lenders, and preserve enforceability of the agreement.

Confirm Legal Description Early

Compare the deed’s legal description with the survey text and parcel ID before drafting the representation to prevent mismatched records and title search delays.

Attach the Signed Survey

Always append the survey plat as a clearly labeled exhibit so recipients can match map features to the representation language and identify exceptions.

Use Licensed Surveyors

Require the surveyor’s license number and certification on the survey to meet title insurer and state regulatory expectations.

Select Appropriate Authentication

Match signer authentication (email, SMS, ID verification) to the transaction’s risk and lender or insurer specifications to avoid later disputes.

Key Milestones from Request to Closing

Track these sequential milestones to keep survey-related tasks visible and to reduce last-minute issues before funding or recording.

01

Request Receipt

Buyer or lender requests survey and representation.

02

Survey Review

Title and parties review survey and exceptions.

03

Representation Execution

Owner signs agreement and obtains any required notarization.

04

Clearance or Endorsement

Title insures or issues endorsements based on resolution.

Frequently Asked Questions About Survey Representation Agreements

Answers to common questions on enforceability, notarization, corrections, storage, and remote execution for Survey Representation Agreements.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are legally binding under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes in most states, provided intent, consent, attribution, and record retention requirements are met.
Can the agreement be notarized remotely?
Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; check your state’s notary authority because rules and availability vary.
Who must sign the agreement?
The owner or authorized representative should sign; lenders or title companies typically require countersigned copies. Confirm signatory authority to avoid challenges to enforceability.
What if there is an error after signing?
Minor clerical errors often require re-execution or corrective addendum signed by the same parties; material inaccuracies may necessitate legal review or indemnity language revision.
Which supporting documents should be included?
Attach the signed survey, referenced plats, deed excerpts, and any title commitment sections relied on to provide a complete record for underwriting and post-closing reference.
How long should records be retained?
Retain executed agreements and surveys for the life of the transaction plus recommended retention (IRS: 3 years; HIPAA where applicable: 6 years); state rules may extend these periods.

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