overpaid pro-rated tax money to buyer and asking for refund, buyer is not willing to pay

Asked by Rajendra Prasad, Carmel, CA Tue Nov 17, 2009

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Nirmala Cara…, Agent, Bronx, NY
Sun Nov 22, 2009
Dear Rajendra,

I would strongly urge you to discuss this with the attorney that represented you at closing. They can discuss this with the sellers attorney. Also Karla is correct, you should also contact the title company to inquire regarding what monetary damages you are entitled to as a result of this mistake.

Good luck.

Nirmala Caraballo
Real Estate Agent
Cruse Realty
Tel.: 646-479-7873
Email: nhcaraballo@yahoo.com
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First Last, , 90002
Wed Nov 18, 2009
Are we talking about an error on the closing statement? (Often called the HUD or the HUD-1). If so, you might want to start by contacting whomever made the error on the HUD.

Depending on the circumstances, here in New York State the title company, the real estate firm, or an attorney could be responsible for an error on the HUD.

This may or may not be relevant, but just so you know, one function of title insurance is to pay for mistakes that happen connected to a closing. I know of title companies making good--that is, paying real money--on a variety of problems that were not discovered until after the closing.

If the sum of money is large enough, it might well be worth making a few phone calls to see if you can obtain reimbursement fairly easily and quickly. If the sum is very large, a good real estate attorney might be worth bringing on board.

Best of luck to you!

Karla Harby
Vice President
Licensed Real Estate Salesperson
Charles Rutenberg Realty, LLC
127 East 56th Street, 4th Floor
New York, NY 10022
(212) 688-1000 ext. 383
(917) 365-0876 cell and text messages
(212) 688-1919 fax
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