Asked by Ivonne, Indio, CA Wed Sep 9, 2009

last year I was selling my house. we open escrow and my hoa required for my to paid in advance for the transfer of ownership. I paid $476.00 escrow was cancelled. 6 months later the some buyer try to buy the house again so we open escrow again. this time I was required to paid 429.00 in advance for the ownership transfer. Escrow was cancelled again by the buyer. QUESTION IS: Don't I have to get the money back? and also is not ilegal to charge 2 times for the some house and to the some person?

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Jesse Sierra, Agent, Pomona, CA
Thu Sep 10, 2009
I was chatting with a escrow officer and the HOA might refund half of what you paid for?
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Carolyn Voet, Agent, PALM DESERT, CA
Thu Sep 10, 2009
Hi Ivonne:

Paying for copies of the HOA docs for your buyer through escrow (CC&R's, minutes from last 12 months meetings, etc.) AND paying the transfer of ownership fees are two different things. Your question says you paid for the HOA transfer fee, not the HOA docs. You or your agent should contact the escrow officer in charge of your two escrows and find out specifically what the money paid was for.

If it was for the HOA docs and they were sent to the buyer, you probably have to pay for that. If they had not been given to the buyer by the HOA yet, you should ask for a refund.

If the fees were for the the transfer of ownership and escrow did not close, there was no transfer.

Talk to escrow about this.

Carolyn Voet, ePRO
Committed to Excellence
Windermere Real Estate
41990 Cook St., Bldg I, #801
Palm Desert, CA 92211
License #01505751
760/774-6510 (cell)
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Jesse Sierra, Agent, Pomona, CA
Thu Sep 10, 2009
That really sucks, having the same buyer do that twice.
Usually it's the buyer that pays for the transfer fees. Did the buyer cancel after their due diligence (7 to 10 days after acceptance)?
Talk to your agent's broker and or a real estate attorney, you might be able to keep a portion of the good faith deposit for damages.

Hope everything works out in your favor,

Jes Sierra, B.Sc.
0 votes
The Medford…, Agent, Fremont, CA
Wed Sep 9, 2009

You need to have your broker contact the title or closing company to find out if you can get the money refunded to you. Typically, this money is paid to the HOA for them to generate a printed set of documents for the transaction. These documents are usually only good for a short period of time. Since your two escrows were so far apart AND the HOA produced the required documentation for both escrows, I’m guessing you will find that are out of luck in getting a refund for either escrow. If you have another escrow right away, you should still be able to use the last set of documents without having them redrawn again.
Web Reference:  http://www.carlmedford.com
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