Home Buying in 08514>Question Details

Nsa162, Home Buyer in 08514

Seller changing something after closing

Asked by Nsa162, 08514 Fri Nov 13, 2009

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?

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My opinion: There is no way this went to closing with the seller NOT knowing that the 6500 giveback and the cost of the septic system were separate entities and part of the transaction.

The seller concession did not affect the sale price of the house. The seller agreed to accept 164k and pay for the septic problem. Aside from that.. it is done and signed.

The funds should be secured in title company account. No one can release them or cancel the check without your approval. These funds are part of the transaction and it is done.

But of course that is my opinion, you should speak to your attorney and tell him/her what you decide.
1 vote Thank Flag Link Fri Nov 13, 2009
Ni there Nsa162, agree with prior posters, sounds like confusion on the part of the sellers attorney/seller. You have closed, proceeds disbursed, check to septic in hand - title transferred. No, don't think terms can/should be negotiated after the fact.

But, these are details of the negotiation and closing that we agents can only offer our general feedback and opinions, but negotiating and documenting points like this prior and through close is exactly why you have an attorney - talk to him/her pronto. Hopefully in the process the attorneys captured this agreement in writing.

Good luck to you.
Best,
Jeannie Feenick
"Unwavering Commitment to Service"
Find success at http://www.feenick.com
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Sat Nov 14, 2009
YOUR lawyer should be working for YOU - as YOUR advocate - if YOU don't want the check to be cancelled neither should your lawyer. Don't rest until YOUR LAWYER does what YOU want. THEIR lawyer is trying to get YOU to roll over. It's time to play hardball!
0 votes Thank Flag Link Fri Nov 13, 2009
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