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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33067
Experience:  30 years of real estate practice experience.
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My husband and myself just backed out of our contract due to

Customer Question

Hi my husband and myself just backed out of our contract due to our agent and lender withholding information from us. My question is that in our contract the sellers wanted us to front the hoa docs of $530 and that at closing they would refund. Now we cant get our escrow deposit back until we sign paper work saying we are responsible for these fees and that the sellers are going to use these docs for the next sell. is there a way to get the sellers to pay at least half if not all? Also is it legal for them to use the docs we paid for in the next sale?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Ladera Ranch California
JA: Has any paperwork been filed?
Customer: A lot of paper work lol
JA: Anything else you want the lawyer to know before I connect you?
Customer: No not at this moment
Submitted: 11 days ago.
Category: Real Estate Law
Expert:  Loren replied 11 days ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money. Some people just prefer the speed of a phone call and that the information not be posted on the public forum.

Expert:  Loren replied 11 days ago.

Do the sellers dispute your right to cancel?

Does the contract provide any conditions for having to pay the HOA fee or an exception if the contract cancels?

Customer: replied 11 days ago.
Not disputing the cancelation just disputing the payment of HOA docs. Our real state agent did not go over this with us before signing and now they won't refund the $530 in HOA docs nor will the escrow company refund our deposit until we sign paper work saying we are paying for this
Expert:  Loren replied 11 days ago.

How much is the deposit to be refunded?

Have you asked the agent to split with you?

Have the documents been delivered already?

Customer: replied 11 days ago.
total refund is $18,150.00 which is the escrow deposit minus the HOA doc the refund would be $17,620.00. They want to uae these docs for the next buyer can they do that since we are essentially paying it?
Expert:  Loren replied 11 days ago.

Have the documents been delivered?

Customer: replied 11 days ago.
Customer: replied 11 days ago.
escrow has copies of documents
Expert:  Loren replied 11 days ago.

Thank you for the additional information and your patience.

Yes, they can demand you follow through on the payment if that was agreed in the contract. However, you can pay the HOA directly and ask that the documents be delivered to you now since you are paying.

Ask for the agent to split the fee and ask for the docs to be tendered to you directly, but do not let them hang on to the deposit over $530 and just pay it if they will not negotiate.

I am sorry. I wish I could tell you otherwise, but there is no reason to let a dime hold up a dollar.

Expert:  Loren replied 11 days ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 11 days ago.

Did you have further questions? I am happy to continue if you do.

Otherwise, have I answered the question to your satisfaction?

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