Home Buying in Las Vegas>Question Details

Hrwu1249, Home Buyer in Las Vegas, Las Vegas,...

Listing agent told us to pay the HOA doc fees right before closing and we did. now sale is not going thru bank wants more $$.

Asked by Hrwu1249, Las Vegas, Las Vegas, NV Fri Apr 27, 2012

We are Buyers in Short Sale . HOA won't refund, what can I do?

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12
Seems to me that you are talking about the HOA Resale package. In my openion you should Talk to your agent and the listing agent and ask the seller to reimburse you for the money you spend. If the problem dose not resolve, call the listing broker. You can always file a complaint at the real estate division as well.

Good luck

Rena Levy
Broker/Associate
Realty Executives of Nevada
702-612-7099
Web Reference: Http://www.cvegashomes.com
0 votes Thank Flag Link Tue May 8, 2012
Those HOA doc fees that I have ever dealt with were paid thru escrow. Any money I ever paid out for anyhting went trhu escrow. This just doesn't make sense.


DAVID COOPER Investor with Buyers Agent License at Since 1917 Realty 702-499-7037
Follow us on Facebook http://www.facebook.com/davidcooper.lasvegas
0 votes Thank Flag Link Tue May 1, 2012
If you are referring to the CIC (HOA) Resale Package, or Certificate of Resale, it is the responsibility of the seller to provide those to the buyer. Your agent should not have allowed you to pay those. There is always a chance that a deal will not close and the party who paid for the documents will not get reimbursement for them. Robin suggested getting an attorney, but an attorney may cost many times more than the documents. You should try administrative remedies first, through your agent's broker and the listing agent's broker, then through the Greater Las Vegas Association of Realtors.
0 votes Thank Flag Link Tue May 1, 2012
Per the law, the seller or someone on the sellers side has to purchase the HOA documents. You can easily get this resolved. Have you agent state that "his/her broker will be calling your broker if this isn't resolved asap". If that doesn't work simply have your agent tell the sellers agent "I guess we will have to go to the board of Realtors on this". Hope this helps....
0 votes Thank Flag Link Sat Apr 28, 2012
Sounds like trouble to me. This should have been done through escrow (or not at all). If it was a lot of money, you may want to talk to an attorney or at the very least talk to your agent's broker (boss). You do have your own buyer's agent, yes? You probably won't get the money back from the HOA but you might get it from another party that may have been negligent in the transaction.
0 votes Thank Flag Link Fri Apr 27, 2012
Tell me more of exactly what happened. Something doesn't make sense. That money must be escrowed before going to anybody




DAVID COOPER Investor with Buyers Agent License at Since 1917 Realty 702-499-7037
Follow is on Facebook http://www.facebook.com/davidcooper.lasvegas
0 votes Thank Flag Link Fri Apr 27, 2012
Go to your agent first and if he can't resolve it go to your agent's broker. The broker needs to be involved in this before you take any other action. If this sitll isn't resolved go to the Greater Las Vegas Association of Realtors.

Gene R. Empey
Exit Las Vegas Realty Center
702-666-1158
0 votes Thank Flag Link Fri Apr 27, 2012
Edgar is on the money, the seller must reimburse you immediately, and you should have never paid this. Shame on your agent.
0 votes Thank Flag Link Fri Apr 27, 2012
NRS 116.4109: Unit's owner or his or her authorized agent shall, at the expenseof the unit's owner, furnish to a purchaser a resale package.
This is none negotiable, one or both agents (if you have your own agent) violated Nevada State Law. Talk to your agent and broker demanding your money back. HOA does not have to refund a penny.
0 votes Thank Flag Link Fri Apr 27, 2012
What did your buyer's agent say? Hopefully it is not the same person as the listing agent. If the listing agent and buyer's agent are the same person...lesson learned.

If I were representing a buyer, I would have insisted that per Nevada law, the seller needs to pay for and provide the hoa docs. Although that sounds nice on paper, some sellers simply can't or won't provide them. I would have carefully checked the short sale approval letter(s) and estimated settlement statement to be sure everything looked in order before asking the buyer to pay for the resale package. If everything looked good, I would have advised my buyer there is some risk that the deal could still fall apart.

Due to the current market conditions and lack of available inventory, you may want to consider agreeing to the new term(s) that the bank is seeking. How much more money do they want?
0 votes Thank Flag Link Fri Apr 27, 2012
Please do not take anyone to court. Please talk to your agents broker and see if broker, agent or lender will pay that fee. Something went wrong but it was not the fault of HOA. Please try to resolve with the parties that told you that your were ready to go and who gave you a quote of what your closing costs were going to be. If you don't get anywhere, then call the Greater Las Vegas Association of Realtors and talk to them about your situation. Best of luck. Matt and Kim

Matthew and Kim D’Ercole
One Source Realty and Property Management
Buyer/Investor Specialists
Cell - 702.501.0973
"A Nation of Sheep Breeds a Government of Wolves".
Know the Constitution & Bill of Rights.
Website - http://matthewsellslasvegas.las.mlxchange.com
0 votes Thank Flag Link Fri Apr 27, 2012
You can probably take them to Small Claims Court.
0 votes Thank Flag Link Fri Apr 27, 2012
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