Real Estate Law
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Question: Did the escrow agent and buyer know about the cost?
What do you mean it was not checked? Do you mean nothing is in writing that the buyer would cover the cost?
On page 9, the buyer did not sign; nor is the box checked. So, there would be evidence to the contrary. In other words, you could bring the lawsuit based on emails and other texts, but the defense will be showing the lack of signature and unchecked box.
Okay. I understand. Presuming they signed the docs, the issue is the unchecked box verses the other evidence they would pay for it. So, you can make a demand, but as I mentioned above the defense would be the unchecked box. Because this would be a small claim, the judge or arbitrator would look at all the facts and come up with a determination. We can discuss more if you like.
You can get copies of the signed documents and you are entitled to get them. If a buyer refuses to reimburse a seller for costs a buyer agreed to pay, other than a court proceeding, there may be a way to place a lien on the property. If you do not pay the HOA, then the HOA would have to bring a suit against you to get it.
You would have to go to be a factual witness even if you had an attorney. An attorney could go for you, but you would not be there to give testimonial evidence. There is no "failsafe," in a small claims court (think Judge Judy). YES. YES. to your first two questions. With regard to your third question, that is up to you. Someone in your situation could attempt to place a lien on the property because the fee is tied to the property if the fee has not been paid and it is due and owing.
A lawyer would only write one demand letter, possibly a follow up "final" demand letter. Otherwise, it could be considered harassment. Usually, a demand is for payment within 7-10 days. A lien is usually filed at the county clerk's office.
You are welcome. Usually demand letter state a general recourse: further legal action will be taken if payment is not made. Or something like that.
In a demand letter you can state the specific legal action you would plan to take such as placing a lien. Most attorneys would also use language indicating they will take any legal action deemed necessary because it may be decided to file a complaint at a later date. Additionally, an attorney would also double check with the clerk or county office to make sure a lien could be recorded in such situation. Please remember to provide a rating on our detailed discussion, including the review of the document from 3 to 5 stars. Thank you.
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