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Old 09-30-2020, 07:03 PM
 
Location: Beacon Falls
1,366 posts, read 995,609 times
Reputation: 1769

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I wonder if this was a legitimate mistake on the escrow company's part (happens sometimes), or if this was, as pointed out before, lack of ethics (happens more often). The old well, let's try and get the money b/c most people don't know how to stick up for themselves and will just agree was probably the play here.


Glad you got it sorted.
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Old 09-30-2020, 10:11 PM
 
62 posts, read 58,078 times
Reputation: 123
Quote:
Originally Posted by riffwraith View Post
I wonder if this was a legitimate mistake on the escrow company's part (happens sometimes), or if this was, as pointed out before, lack of ethics (happens more often). The old well, let's try and get the money b/c most people don't know how to stick up for themselves and will just agree was probably the play here.


Glad you got it sorted.
It is hard to describe the entire order of what happened but if you saw the email chain and the form they tried to get us to sign, you would be in no doubt that it was deliberate. The fact that they claimed this form was sent to our agent but must have gone to spam so they were just going to email it to us directly(without copying in our agent), is one small example of the order of play. They are not some fly-by-night escrow company either, they are fairly established.

I am sure thought when they respond to the complaint I will file, they will claim it was a simple mistake.
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Old 10-01-2020, 04:16 AM
 
Location: NJ
23,867 posts, read 33,568,716 times
Reputation: 30769
Quote:
Originally Posted by qw_phish View Post
It is hard to describe the entire order of what happened but if you saw the email chain and the form they tried to get us to sign, you would be in no doubt that it was deliberate. The fact that they claimed this form was sent to our agent but must have gone to spam so they were just going to email it to us directly(without copying in our agent), is one small example of the order of play. They are not some fly-by-night escrow company either, they are fairly established.

I am sure thought when they respond to the complaint I will file, they will claim it was a simple mistake.
Glad it worked out. Good for you for reporting it too. Update the thread to let us know how the complaint goes
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Old 10-04-2020, 03:19 PM
 
Location: just NE of Tulsa, OK
1,449 posts, read 1,149,219 times
Reputation: 2158
Quote:
Originally Posted by Roselvr View Post
Glad it worked out. Good for you for reporting it too. Update the thread to let us know how the complaint goes
Seriously!

And thanks for posting, OP. You've done your public service for the day. I will now add this to my growing list of "underhanded tactics to keep your eyes peeled for..." when buying/selling real estate. Oy.
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Old 10-22-2020, 06:05 PM
 
62 posts, read 58,078 times
Reputation: 123
I got around to asking them why they kept asking us to sign a form agreeing to have a seller fee taken out of our deposit - before they would refund the deposit.

Their claim is that it was a mistake, it was supposed to be labelled a cancellation fee rather than a HOA document fee.

Does this ring true to anyone who knows about this stuff? I think it is fair to say that no escrow company has a standard cancellation fee of $811. This amount was definitely the HOA document fee.

It sounds like maybe they thought - "OK lets charge them a cancellation fee and the cancellation fee should be the $811 that we, the escrow company, have already paid for the HOA documents. This will be much easier than getting it from the seller, even though the fee is the seller's responsibility". Can they legally charge a cancellation fee when we are not even the people who cancelled the sale?

Either way, I am curious if people still agree that I should pursue a complaint on this behavior?
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Old 10-22-2020, 06:34 PM
 
Location: southwest TN
8,568 posts, read 18,112,482 times
Reputation: 16707
I don't know about the realtors on here, but I certainly would be making a formal complaint. As for charging you a cancellation fee when the sellers are the ones who cancelled. NOPE. No way would I let that stand. All extra fees/costs associated with the cancellation belong to the sellers.
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Old 10-25-2020, 09:15 AM
 
5,295 posts, read 5,239,528 times
Reputation: 18659
If you have absolutely nothing else to do, then pursue the complaint. Its actually pretty ludicrous that you would even want to, when they corrected what you are complaining about.
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Old 10-26-2020, 05:16 PM
 
62 posts, read 58,078 times
Reputation: 123
Quote:
Originally Posted by carnivalday View Post
If you have absolutely nothing else to do, then pursue the complaint. Its actually pretty ludicrous that you would even want to, when they corrected what you are complaining about.
I don't think you've read this thread properly.

The point of the complaint would not be for any personal gain - it would be to flag up unethical behavior. We nearly signed this because they said it was just a formality to getting our money back. We only noticed at the last moment in the small print that they were going to deduct a fee the seller owes from our refund.

Last edited by qw_phish; 10-26-2020 at 05:40 PM..
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