Legal Question in Real Estate Law in Arizona

Missed instruction on Contract by Title Company

Here is the situation. We sold a house 6 months ago. Everything has been completed and went through escow fine. Clearly stated in the contract it says that we the sellers are to pay the additional Assesment fees on our house in full at C.O.E. The Title company paid the amount and now are asking for us to reimburst them for this $4,300.00- Because they made and error and didn't take the money out at escow. Do we have any rights here or do we just have to accept their mistake and pay them?


Asked on 11/17/06, 12:54 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Missed instruction on Contract by Title Company

You owe the money. Just because they made a mistake doesn't allow you to become "unjustly enriched" due to the error. In fact, you have an obligation to call any errors or ommissions to their attention at the time of closing. Arizona statute addresses the concept of "unjust enrichment" and if you fail to reimburse, they would have a case against you under this statute.

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Answered on 11/17/06, 4:39 pm


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