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Forums » General Real Estate Investing » Suing a real estate company

Suing a real estate company Subscribe to Suing a real estate company

14 posts by 9 users

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· Orlando, Florida


I don't want to get into the details here, but I'm owed a little less than $1000 due a mistake made at closing, on my personal residence. There is a possibility that one way of getting the money back is to sue the seller's real estate co. because they violated my RESPA rights.

This is a large real estate company in the area, so I'm wondering if I'll be put onto some kind of blacklist by them if I sue them? I plan to buy more foreclosures in the future, so I don't want to shoot myself in the foot and have them refuse to deal to me in the future, just to get the $1000 back.

There are other possible ways of getting the money back that I'm exploring, but this could be a last ditch option.


· Loveland, CO


You don't say what the "mistake" was, but I've gotten pretty good at previewing my HUD-1s and generally find errors prior to closing. In the rare cases that I've found them after closing I've simply shown them to the closing agent, they've rechecked their math and paid me any monies owed.

Some pretty tough federal rules on closing so if there's a mistake it's usually pretty easy to rectify.

Suing is ALWAYS a last resort, especially at that amount because you're going in "naked" (no attorney) and a local JP can always claim no jurisdiction on Federal laws and kick you to the US Disctrict Court.

OTOH, I've found moral suasion to be a very effective tool when dealing with companies that rely on their public image. I'm not saying YOU should do the following but I've done it a couple of times to good effect. Merely tell the party that hosed you (if they really did) that;

"If this is not rectified within 5 business days I will make it a point to tell EVERYONE how you failed to handle the situation; this includes people I meet; at church, at Little League, at PTA, at Lodge, in line at Starbucks or the grocery, at the bus stop, on forums at our local community bulletin board. If you have any concept of the effectiveness of word of mouth advertising you'll see the value of NOT having this happening".

frank


Multi-family Investor · Rochester, New York


Originally posted by Frank Adams


"If this is not rectified within 5 business days I will make it a point to tell EVERYONE how you failed to handle the situation; this includes people I meet; at church, at Little League, at PTA, at Lodge, in line at Starbucks or the grocery, at the bus stop, on forums at our local community bulletin board. If you have any concept of the effectiveness of word of mouth advertising you'll see the value of NOT having this happening".

frank


Awesome quote Frank! Too bad the people working at these too big not to fail businesses could care less who you tell what to.

Mark Updegraff, Wedge Redux LLC
E-Mail: mark@wedgeredux.com
Telephone: 585-314-9790
Website: http://www.WedgeRedux.com
Mark Updegraff


Real Estate Investor


"If this is not rectified within 5 business days I will make it a point to tell EVERYONE how you failed to handle the situation; this includes people I meet; at church, at Little League, at PTA, at Lodge, in line at Starbucks or the grocery, at the bus stop, on forums at our local community bulletin board. If you have any concept of the effectiveness of word of mouth advertising you'll see the value of NOT having this happening".

The 99:1 of Customer Service:
Please 99 customers, they'll tell 1 other.
Piss of 1 customer, they'll tell 99 others!


Real Estate Investor · Springfield, Missouri


Hi, you might take it to the title company and closing agent first and have them go over it. The closing agent should have been an insured settlement agent with your title company. They will cover losses arising out of mistakes in settlement. Give them the opportunity to correct it.If it was the listing broker, have you made a request that they refund the amount? I've had several people come to me thinking there was a mistake, turned out there was not. Could it be a credit to the buyer maybe,like real estate taxes? Give the details....Bill


· Orlando, Florida


It's about property taxes that were calculated wrong. The title co. won't do anything. It's like talking to a brick wall. They will not file my E&O claim either.


Real Estate Investor · Springfield, Missouri


Hi, OK, call the assessor and get the tax current liability for the property. divide that by 365 and then multiply that number by the number of days you owned the property, including the date of sale. That's a credit to the seller.
If you had an tax escrow in your mortgage, that was either returned to you or it was credited to your loan payoff. If you had improvements made to the home that required a permit, taxes were estimated for the current year, your assessor can explain that. If that's still off significantly, go back to the closer and tell them to explain what they did. If you disagree, file a claim, if the refuse to file the claim, contact the state insurance commission and file a complaint. Give it some time and follow up with the title company. If they still refuse, see an attorney. Good luck, Bill


· Orlando, Florida


Bill, title co. refuses to do anything. I filed a written complaint (with documentation) with the state licensing agency for title companies against them. I'm waiting to see if that does anything.


Real Estate Investor · Oklahoma City, Oklahoma


By focusing so much energy on this "problem", how many opportunities are you passing up because you aren't focusing on finding them?

All of the successful people I know would spend about 0.1% of there time and and energy on this type of problem.

Here's my advice: You've filed your complaint...move on and look for your next deal.


Real Estate Investor · Denver, Colorado


Bienes, what's the issue? Were the calculations just plain wrong? Typically the prior year taxes are used to estimate the current year taxes. That can cause taxes to be off. But they will typically make you sign a statement saying that's how they were estimated and that you have no recourse if the taxes are different.

If there were prior year taxes that hadn't been paid, a title search should have turned that up. If not, that would be a claim against the title insurance.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Property Manager · Atlanta, Georgia


Originally posted by Scott Nachatilo
By focusing so much energy on this "problem", how many opportunities are you passing up because you aren't focusing on finding them?

All of the successful people I know would spend about 0.1% of there time and and energy on this type of problem.

Here's my advice: You've filed your complaint...move on and look for your next deal.



Scott, it doesn't look like Bienes is an investor that is doing a bunch of deals every month. The post states this was a personal residence and he/she does not want to be shunned later. But....even if Bienes was investing on a regular basis, I would ward against getting into a habit of leaving $1000 on the table (if rightfully owed).

But anyway....Bienes, if this is a RESPA issue, why are you considering suing the Real Estate company? It sounds like any issue of estimation unless you were deliberately quoted a tax amount (in writing) by the Seller or Seller's agent without full disclosure stating it was an estimate based on previous tax bills. Otherwise, as Jon stated it becomes either.
A) A title issue (if prior taxes were not paid)
or
B) A estimation issue (covered by disclosure by the title company)

If "A" it will be covered by your title insurance policy (if you purchased one)
or if "B", you have no recourse.


· Orlando, Florida


What happened is, the title company never bothered to check if the seller removed her Florida homestead exemption (which she did, earlier in the year). That's the main reason the taxes were off. It's a little bit less than $800 total. I could sue the seller to get the money but she lives in another state now. I've been advised I have little chance of collecting from her if she doesn't want to pay. Letters to her about the money have met with no response.

Also we had a different title co. listed on the contract but the real estate co. forced us to use their own title co. (the one that made the mistake).

I'm waiting to see if there are any results from the complaint I filed. I don't know whether just to cut my losses if that doesn't work out, and whether small claims court is worth it. I've been advised to try talking to the broker of the RE company to see if they can work something out for me. I don't know if there's any hope of that.

It's not a gigantic amount of money but I feel that this title co. is generally incompetent and no doubt has already screwed someone else over through their negligence since this happened to me. But I don't know whether to just drop the whole thing at this point.


Residential Real Estate Agent · Delaware, Ohio


Originally posted by Bienes Raices
It's not a gigantic amount of money but I feel that this title co. is generally incompetent and no doubt has already screwed someone else over through their negligence since this happened to me.


First, in response to your initial "question" on will you be black-listed by the real estate company. Short answer is "no". I work for one of the largest RE companies in Columbus, Ohio and point-blank agents do not work together for your name to ever be more than a "blip". Even if the broker wants to black-list you -- she/he would not see the contract until it was accepted and it would be very tough for her/him to block the deal. That would get their license in SERIOUS hot-water because s/he is jeopardizing the client's best-interest.

Did you have a buyer's agent in this transaction? The HUD-1 is a collection of information that is garnered from many sources -- and if you had a buyer's agent in this transaction that's where I would start. It is your agent's responsibility to make sure that YOU ARE PROTECTED in this transaction.

If you didn't have a buyer's agent in this transaction, then I would go after the seller's agent/broker and push for a "reason" as to why they chose that title company. If their is an ownership interest or "kick-back" then you may be able to get paid without having to invest money in more complaints.

In regards to actually going after the title company, in Central Ohio you would have a very tough challenge. Since we pay taxes one year in arrears the numbers are estimates and both sides agree to take the amount listed on the HUD-1 as being the agreed upon amount and neither will pursue money from the other based upon changes in the amount. Hence, you would have to show that the title agent intentionally erred on the document to defraud you of your money. Being incompetent is not a crime, fraud is.

· Orlando, Florida


Originally posted by Toby Boyce
Originally posted by Bienes Raices
It's not a gigantic amount of money but I feel that this title co. is generally incompetent and no doubt has already screwed someone else over through their negligence since this happened to me.


First, in response to your initial "question" on will you be black-listed by the real estate company. Short answer is "no". I work for one of the largest RE companies in Columbus, Ohio and point-blank agents do not work together for your name to ever be more than a "blip". Even if the broker wants to black-list you -- she/he would not see the contract until it was accepted and it would be very tough for her/him to block the deal. That would get their license in SERIOUS hot-water because s/he is jeopardizing the client's best-interest.

Did you have a buyer's agent in this transaction? The HUD-1 is a collection of information that is garnered from many sources -- and if you had a buyer's agent in this transaction that's where I would start. It is your agent's responsibility to make sure that YOU ARE PROTECTED in this transaction.

If you didn't have a buyer's agent in this transaction, then I would go after the seller's agent/broker and push for a "reason" as to why they chose that title company. If their is an ownership interest or "kick-back" then you may be able to get paid without having to invest money in more complaints.

In regards to actually going after the title company, in Central Ohio you would have a very tough challenge. Since we pay taxes one year in arrears the numbers are estimates and both sides agree to take the amount listed on the HUD-1 as being the agreed upon amount and neither will pursue money from the other based upon changes in the amount. Hence, you would have to show that the title agent intentionally erred on the document to defraud you of your money. Being incompetent is not a crime, fraud is.


Thanks for the advice Toby. I had a buyer's agent, and yes there was a kickback involved, apparently.

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