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This is not legal advice but I'd tell him to pound sand. Where I'm from if he failed to put it on the HUD that's his fault. If it were 3 days my answer would be different probably but three years gone by is crazy over $250 so for me that's a cost of him doing business.
Lawyers across the country are taking offense by us using the legal phrase "pound sand." And they thought only they could utter those words - they probably don't know very many Realtors.
This is not legal advice but I'd tell him to pound sand. Where I'm from if he failed to put it on the HUD that's his fault. If it were 3 days my answer would be different probably but three years gone by is crazy over $250 so for me that's a cost of him doing business.
I completely understand your point of view but, for me, the question comes down to this: Was this a legitimate unpaid expense of the OP's with regard to the completion of the transaction? That's a simple yes or no and the amount of time that has passed since the closing doesn't affect the answer. Assuming the answer is "yes", then the next step is the ethical consideration of should the OP pay it or stick the attorney for it. I'm not discounting the notion that "we" are responsible for our mistakes but doesn't personal responsibility extend equally to the OP, as well, if not more?
I think you haven't completely thought it out Bronston. I agree about, "Was this a legitimate expense?" part. But you have assumed if it is that it's on the OP. But it may not be that at all.
It may be on the title insurance company or it may be on the escrow company. You can't rule either out and decide who the responsible party is without knowing the full facts.
Unless I have lied or made mistakes on my escrow signing papers and other disclosures, I think I'm pretty well covered that when escrow closes it's the end of it.
The statute for him to collect is likely 3 years so what probably happened is that the attorney has someone goes through stuff once a month to see what's coming up on statute. They RARELY miss a statute, so it's worth checking into - when exactly did you close and when exactly did this expense happen? Dates are important.
I think you haven't completely thought it out Bronston. I agree about, "Was this a legitimate expense?" part. But you have assumed if it is that it's on the OP. But it may not be that at all.
It may be on the title insurance company or it may be on the escrow company. You can't rule either out and decide who the responsible party is without knowing the full facts.
Unless I have lied or made mistakes on my escrow signing papers and other disclosures, I think I'm pretty well covered that when escrow closes it's the end of it.
I wrote: "Was this a legitimate unpaid expense of the OP's with regard to the completion of the transaction?" for exactly the reason that you brought up. Of course I wouldn't argue that the OP should pay someone else's expense.
I wrote: "Was this a legitimate unpaid expense of the OP's with regard to the completion of the transaction?" for exactly the reason that you brought up. Of course I wouldn't argue that the OP should pay someone else's expense.
Let's not quibble over words. Go with the spirit of the post; just trying to help OP.
Also noting, how close is the 3 year statute if that applies? Maybe ignoring the issue will push it beyond stature--and become too late to contest.
I completely understand your point of view but, for me, the question comes down to this: Was this a legitimate unpaid expense of the OP's with regard to the completion of the transaction? That's a simple yes or no and the amount of time that has passed since the closing doesn't affect the answer. Assuming the answer is "yes", then the next step is the ethical consideration of should the OP pay it or stick the attorney for it. I'm not discounting the notion that "we" are responsible for our mistakes but doesn't personal responsibility extend equally to the OP, as well, if not more?
This. If this was a legitimate charge for a service that was provided, a billing error doesn't mean that you get it for free. Check your records, make sure that it wasn't included in any previously paid amount. If you owe it, pay it. If you don't owe it, write back and explain why.
Ignoring it doesn't make it go away, it just means that a suit will be filed against you to recover the funds.
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