House closing question (credit, lawyer, purchase)

[nsa162]

We closed on a house yesterday. The purchase price was 164,000 plus 6500 seller concession for a total of 170500. The leech field needed to be replaced and the seller agreed to a credit at closing to the septic company to have that fixed. We signed all the papers and closed, received a check made out to the septic company from the title company. Today my lawyer contacts us saying that the seller didnt know it was a 6500 seller concession plus the money for the leech field. They want the check to be cancelled. Can they legally do this? In my opinion, if they dont understand something, dont sign until you do. Why should we be stuck to have to pay for this?

[mumra]

what advice did your lawyer give?

[Diane Giam]

Originally Posted by nsa162

We closed on a house yesterday. The purchase price was 164,000 plus 6500 seller concession for a total of 170500. The leech field needed to be replaced and the seller agreed to a credit at closing to the septic company to have that fixed. We signed all the papers and closed, received a check made out to the septic company from the title company. Today my lawyer contacts us saying that the seller didnt know it was a 6500 seller concession plus the money for the leech field. They want the check to be cancelled. Can they legally do this? In my opinion, if they dont understand something, dont sign until you do. Why should we be stuck to have to pay for this?

Your Lawyer needs to staighten this out. Their lawyer should have explained that to them.

[luckyshoes]

First thing I would do on Monday is go in person to the septic company, give them the check and get a receipt that you paid in advance for the work. Then the check is out of your hands and into the septic hands. That is a title company check and will automatically cash, so there won't be any time for processing. The septic company will most likely deposit it that day. Bye bye cash! Hello new leech field.

Then, that deal is done. IMO, all these sellers can do is try to sue you to get the $6500 back. Let them if they want to. But good luck to them with that. They'll end up spending far more than $6500 on legal bills trying to get it back.

I don't know what your lawyer is telling you to do, but there may have indeed been a bad communication to these sellers. But it's not your problem. It's either their lawyer's problem or your lawyer's problem if there was a mistake or a communication breakdown. Not your problem.

There may also be no bad communication and the sellers are just clueless. In which case, still not your problem.

If your lawyer messed up, s/he may be trying to subtly pressure you to give back the check.

Tell your lawyer that the deal is done and thank you very much for their services and please send the final closing papers when s/he gets them. And hang up the phone.

If someone messed up, let them cough up the $6500. Worse case scenario, the sellers try to sue you for the $6500 back but again, good luck to them with that.

[Sergio M]

How was the contract written?

[armx]

Lucky shoes, great post -- now let us see if OP has got it.