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Seller asking money after an year of closing ?

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Anonymous
Not applicable

Seller asking money after an year of closing ?

Dear All 

I have closed a new construction from a builder last June 2018 and all were going fine .

I got a call from my lawyer today that seller's attorney sent a note that they calculated the property tax wrong and gave too much credit during the closing and want the money back .My Lawyer do not know the details yet and just giving me a heads up . Is this even legal? .I don't know the details so can't comment on right or wrong . Please suggest what are my options ?.

 

24 REPLIES 24
LakeLife
Established Contributor

Re: Seller asking money after an year of closing ?

If it had been me, I would have asked your lawyer.  

 


@Anonymous wrote:

Dear All 

I have closed a new construction from a builder last June 2018 and all were going fine .

I got a call from my lawyer today that seller's attorney sent a note that they calculated the property tax wrong and gave too much credit during the closing and want the money back .My Lawyer do not know the details yet and just giving me a heads up . Is this even legal? .I don't know the details so can't comment on right or wrong . Please suggest what are my options ?.

 


 




Message 2 of 25
NC_Mtg_Loaner
Valued Contributor

Re: Seller asking money after an year of closing ?

I would still ask  your lawyer.

__________________________________________________

Licensed NC Mortgage Loan Originator
Message 3 of 25
Anonymous
Not applicable

Re: Seller asking money after an year of closing ?

yes .discussing with Lawyer .but yet to get the detail so want to check .

Message 4 of 25
Anonymous
Not applicable

Re: Seller asking money after an year of closing ?

Who handled title and escrow? Do you have Alta form? Look at it. Mistakes happen but after a year I’m not sure if it’s worth it to take it to court over.
Message 5 of 25
CreditInspired
Community Leader
Super Contributor

Re: Seller asking money after an year of closing ?


@Anonymous wrote:

Dear All 

I have closed a new construction from a builder last June 2018 and all were going fine .

I got a call from my lawyer today that seller's attorney sent a note that they calculated the property tax wrong and gave too much credit during the closing and want the money back .My Lawyer do not know the details yet and just giving me a heads up . Is this even legal? .I don't know the details so can't comment on right or wrong . Please suggest what are my options ?.

 


Am I understanding correctly that closing has taken place—signed, sealed, delivered, and you’re in the house?

 

If yes, IMHO, closing is the end of the transaction. Is your atty also the settlement closing Atty? If yes, he should have been able to answer your questions then and there because he has all the docs that were signed at settlement. 

 

A signed contract is a legal contract that will hold up in any court of law. 

 

If builder said in the contract that’s signed by all parties that they would pay X amount of dollars toward your closing costs, then that’s what I would expect them to pay. That has no bearing on any other numbers. 

 

To me, this is a bunch of bull unless something is missing here. 

 

Yep, definitely a detailed conversation to have with lawyer. 


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Message 6 of 25
JVille
Valued Contributor

Re: Seller asking money after an year of closing ?

contact the closing agent and have then take care of this. Not your mistake,

Message 7 of 25
Anonymous
Not applicable

Re: Seller asking money after an year of closing ?

Yes Closing is done and i am on the house for the past 1 year , I just got the call today from my attorney (who was from my side during cosing ) that sellers attorney sent a note to them and that they calculated the tax wrong and credited too much towards to my credit during closing and want the money back . This was my first time ever home and don't know how this could happen after an year ?. 

 

My Attorney is not saying anything now as he does not know what;s the right tax . he say seller attorney screwd it up .

 

I never planned for this and sudden 10k is too much of a blow to take at one shot .so want to check with you guys .

Message 8 of 25
JVille
Valued Contributor

Re: Seller asking money after an year of closing ?

once again who was the closing agent, they are responsible. Did a Title Co or Escrow Company do this closing? Have you seen this Note? 

They are saying this is a $10,000 error??? They have some big explaining to do and it involves more than a note. Was this a demand letter?


 

Message 9 of 25
Anonymous
Not applicable

Re: Seller asking money after an year of closing ?

Ok I don’t want to see you get screwed because this seems shady. At closing you either get credit or debit for property tax on what the seller has or hasn’t paid. Most propert taxes is paid quarterly so if you closed in June the most you would have owed him was the second quarterly payment which unless it’s a mansion 10k is way out there.
Message 10 of 25
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