Title company paid contractor $12K up front. Contractor left town

Title company paid contractor $12K up front. Contractor left town

Rental Property Investor · Mesa, AZ · Member since 2019 · 138 posts · 144 votes

Hello BP Mates,

I'm hoping for some insight\advice on my situation:

I closed on an SFH in April and there was about $12K in repairs that were negotiated. This money went into escrow, but for some reason, the title company decided to pay the contractor 100% upfront instead of paying in phases when work was done and inspected. It is now August and I'm just finding out that the contractor dissolved their LLC and disappeared, having done none of the work.

There was a negotiation done without my knowledge or participation between my property manager, title company, and a different contractor. The contractor said they can do the same work for $9K, and the title company agreed to send me a check for half. I'm left with paying the other 50% to get the closing repairs done. I was told the title company used to pay in installments, but they changed that because of issues stemming from COVID. I was not made aware of this change.

A few questions:

Do title companies normally pay contractors upfront?

This title company was recommended by my property manager and they are one of the largest around and have good reviews so I didn't think twice about using them. Did I miss an important part of the due diligence process by not asking how they pay contractors for closing repairs?

Has anyone experienced this? What actions did you take?


 

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    5y

    I don't mean to be harsh, but you are not in control of your own business.  Take control.

    Review your closing documents.  Anything held in escrow, there should be legal language governing how that is released.   If your title company was required to have your signature, but released the funds anyway, then they violated their fiduciary responsibility.   Pressure them to make you whole.  

    On the other hand, if you gave full control to your property manager, you hired an idiot. Ask them to compensate you and fire them as soon as possible.

    Start reading.

  • Rental Property Investor · Member since 2021 · 423 posts · 190 votes
    5y

    @Matthew Terry

    Sounds like home improvement fraud. I'd get the state police involved. Good luck to you, hope it works out for you.

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