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After closing, attorney ask us to pay closing cost

I just closed and get the key and documents for a house 2 weeks ago. Now the closing attorney said they made a mistake at the closing for the closing cost, which on contract said the seller will pay for it. The seller said they never agreed on the closing cost. So, he turned on us and ask us to pay for his mistake.

What can I do, if anything?
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March 27 2012 - Snellville
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Answers (10)

Contact the agent who represented you during this transaction. Your agent should take the lead on this "misunderstanding" and direct all parties to the contract to determine the obligation for closing costs. The contract should clearly determine who pays and what amounts. If I signed all documents under the impression I was not paying closing costs I wouldn't be quick to write a check in this matter. This is a big mistake. Without knowing anything else about how this misunderstanding occurred there needs to be a long explanation of my contractual responsibility to make closing payment(s).
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March 28 2012
If there is a statement in your contract that says the seller is paying xx closing costs, then you could be liable for any difference. If the attorney made a mistake, they usually have a form you sign at closing that says you will cooperate with correcting any errors. Some things DO survive closing; you need to find out if this is one of them.

If it is a legitimate mistake, you will probably have to pay it. However, don't pay anything until you understand what it is and why you are paying it.

Your lender or Realtor should have caught it too...Worst case, consult a real estate attorney of your own, and give them everything - contract, HUD1, closing documents. I have seen mistakes on closing documents, and I have also seen them corrected after the closing has completed.

I wish you the best of luck in getting this corrected!
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March 28 2012
Profile picture for the_country_hick
If you get another phone call explain to the lawyer that the call is being recorded. (record it) then explain that any future calls or emails, or mail from them to you or this number will incur a $5,000 service and handling fee. If they wish to use your answering service they are welcome to pay that bill.

They have just been informed that they are now facing a service with a cost to use. If they call back you have a legal right to collect for answering your phone. This is exactly what 900 numbers do. Small claims court is cheap and you would win with the recording.
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March 28 2012
Profile picture for sunnyview
I would not pay for the attorney's mistake. Sign nothing and agree to nothing, but consider calling your local Bar association if the attorney becomes threatening or steps over ANY professional line.

Also, keep EVERYTHING in writing and stop accepting phone calls from the attorney. They will not help you and may help the attorney.
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March 28 2012
Profile picture for luxh008
I went home and found the original HUD1, in which clear stated the closing cost on the seller side. Buyer column did not has anything about the closing cost. Now,  the closing attorney can not get the money from the seller. So, they think that they can scare us and let me come back to sign another document to pay them.

Anyway, thank you for your good ideas. I do not think I own him a dime and I will not pay him.
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March 28 2012
Guess what?  The seller signed the HUD as well as you did, that means acceptance of all charges and debits that appear on the HUD.  If the title company made an error and the sellers did not catch it until later on, whose fault is that?  It certainly is not yours.  I think the title company may have to deal with their error.
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March 27 2012
Don't pay it. If it isn't on the HUD 1, it's not your problem.  This happened to my sister.  I was at her closing.  The atty tried to get extra $$ from her. I reminded him RESPA (Real Estate Settlement Procedures Act)  requires ALL fees are on the HUD.  Call the Consumer protection agency and they'll tell you, you do not have to pay.  If he persists, tell him you'll report him. (Worked real quick for my sister!)
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March 27 2012
The devil is in the details. What does the contract stipulate on closing cost responsibility? Once determined, consult with YOUR attorney before paying or refusing to pay anything.
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March 27 2012
You closed, you have title and the owner's title insurance policy.  If the attorney made a mistake, they should pay for it.  All parties signed the settlement statement, correct?
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March 27 2012
Please read your contract to see who pays for the closing costs. If it states that the seller pays (or if the seller pays a certain amount), the seller is still responsible. Without seeing the actual contract and not being an attorney, there usually is a statement in the contract about things that may survive after closing - that is, the seller and buyer may be oblidged to deliver after the actual closing. 
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March 27 2012
 
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