Let me try to explain: Under the rules that dictate how lenders are to disclose everything, all fees are disclosed to the buyer by their lender â€“ including most (or all) fees paid by the seller. On the final HUD-1 there is a reconciliation that shows what the lender disclosed, and what is actually being charged. If the title and escrow fees are off by more than 10% (even if the seller is paying them,) the lender is required to reimburse the buyer money to bring the actual figures to within 10%. In order to do this, many escrow companies will show all of the fees as buyer fees, and then credit the buyer for the fees that are to be paid by the seller. That way they can do their analysis to see if a reimbursement is warranted. (Thatâ€™s why it shows a reimbursement TO the buyer for the CLTA Tile insurance policy and the transfer tax.)
As for those fees not part of your purchase agreement â€“ I think they probably are your fees, and they probably are on the purchase agreement. Those are typically seller fees in all of California; there are other fees (Escrow fees, ALTA or lender title insurance to name a few) that will vary from area to area. If you used a standard California Association of Realtors contract, you can find these fees addressed on the 2nd page in Section 4, paragraph C (2) and D (1.) If you used another form they will still be addressed somewhere. In any case you really should have gone through a detailed net sheet with your agent and had all of this explained long before now.
In So Cal, customarily the Seller (owner) buys a Owners Title Policy. The owners is paying for this policy, because the owner is stating - here is a policy that will back up the fact that I have the right to convey Title to you, the buyer. It would only make sense that the Seller/Owner needs to convey proper legal title and should pay for a policy that backs up that claim.
In Northern California, for some reason, the buyer pays the owner's policy - I don't completely understand why anyone would think that that is the burden of the buyer, but that is the way they do things up there. Remember the buyer is also going to pay for a lender's endorsement to your title policy, so the buyer is not getting away with anything.
Again, customarily in our area the Seller pays the tax stamps on the deed. Be thankful you live in Ventura County because the fee is 5 times high in Los Agneles County.
I posted a link to an article I wrote that explains on the how the fees get divided: http://homebuysblog.com/2011/08/11/who-pays-for-what-simi-va