Home Buying in Irvine>Question Details

Greenmoon, Home Buyer in Irvine, CA

how buyer can protect him after house is closed but the final hud1 is not correct?

Asked by Greenmoon, Irvine, CA Fri Jan 4, 2013

Two questions to seek professionals' opinion:

1.After the house is closed, if the buyer found one expense item was agreed to be paid by seller was put on buyer's expense on final Hud1 which is different from the Hud1 he signed, what he can do to protect him? Should he file complaint after he talks to agents, escrow company and did not get any response?

2. if the appraiser charge additional money because utility of the house is not on, from CA real estate law, such expense should be paid by seller, right? as buyer does not ave control with utility before he got the house. How could buyer let seller pay such expense as it was showed on final Hud1 and he is not aware of it when he signed.

Thanks!

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Answers

6
So, I am SOLOMON, and it is my job to divide up the baby:

You say that you were not allowed to see the HUD1 until after you signed the papers?

Most Appraisers will not allow their bill to be added to the Escrow; they want their money COD: So you say, you were not aware of the extra charge, much less the problem with the Utilities, until after the Closing?

Solomon rejects your claim; it is not the Title Company's fault.
0 votes Thank Flag Link Thu Jan 17, 2013
Hi Greenmoon, Contact the escrow company.
0 votes Thank Flag Link Thu Jan 17, 2013
If there is any mistakes after close of escrow, you can go back to the escrow officer and they can help you find out who did the mistake, if it was on the lender side, the agent side or the escrow side. Then you can go back to the party responsible and claim your damages..
0 votes Thank Flag Link Thu Jan 17, 2013
Libardo, I signed the documents last Friday and got the final Hud1 this week. Thanks for the help! Shane, thank you too!
0 votes Thank Flag Link Fri Jan 4, 2013
Send me an email ( lquintero@kinecta.org) or call me at 949.861.0367
Flag Fri Jan 4, 2013
Hi Greenmoon,
How many months ago was this transaction?
I will let you know how to fix it.

Liabrdo
NMLS 380933
LQUINTERO@KINECTA.ORG
0 votes Thank Flag Link Fri Jan 4, 2013
1. Is there an additional credit on page 1 of the HUD to offset the "one expense item" that was changed from the seller's side to the buyer's side?

If not, and you have had no luck getting answers by talking to them on the phone or emailing, then I would march into the escrow companies office and demand an explanation or you won't leave. They can't simply ignore you, particularly if you are noisy enough to where their other customers start to get concerned.

2. I am not aware of such law. That has occurred in purchase situations where I've been the loan officer, and to me it's the buyer's real estate agent's responsibility to make sure all utilities will be on at the time of the appraisal. If the real estate agent was told by the seller that they would be on, and then they weren't on when the appraisal inspection happened, then at that point, to be fair, the seller should pay for the additional appraisal re-inspection... but if the seller doesn't agree to that in writing, then the appraisal re-inspection fee still needs to be paid, and unless the buyer wants to be the one holding up the transaction then they (or their real estate agent) should pay it.

Shane Milne | Lending in all 50 states | NMLS #81195
0 votes Thank Flag Link Fri Jan 4, 2013
Thanks!
Flag Thu Jan 17, 2013
Great Answer!!!
Flag Sat Jan 5, 2013
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