Legal Question in Real Estate Law in Arizona

former owner of home added in his closing costs in which title company tried to

I bought a house last year and was $2,000.00 short.

I found out that first of all the woman at the title company put in the previous owners taxes,title fees, and who knows what else as part of my closing costs. At our first meeting, the owner never said he didnt want to pay any of his costs when she informed us that we both have title fees and other costs. At the day of closing, I was short and was astonished that my closing costs were about 11,000 dollars! the woman at the title company kept saying it was the broker.And at that point the woman and owner wanted me to pay the 2,000 after a year under the table. I refused, and we signed the paper work and the 2000.00 was paid by the seller. well after that they finally talked me into paying at least $1000 and i signed a promisary note, after this whirlwind of confusion I realize that this guy is just extorting money from me and refused to pay, and now he is sueing me. Do you think under the circumstances the judge will rule in my favor? Do I have to counter sue to break even? It was such a gruling day, I was 8 months pregnaunt, and tired I wish I never gave in. Pleas Help.


Asked on 9/06/05, 4:16 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: former owner of home added in his closing costs in which title company tried

The outcome of the law suit depends upon what the written agreements say, that is the purchase contract and the escrow instructions and then, any amendments to those agreements that you made. It is difficult to prove that you were coerced, intimidated, mislead or otherwise not acting of your own free will. That is your challenge in court, to prove your version of the facts. After the escrow closed, why would you sign a promissory note? The note may be unenforceable if there was no CONSIDERATION for you to sign your promise. You should retain an attorney, at the least to counsel with you and advise you how to handle the court action, what you should present, any counterclaims that you might have, and how to present your side of the case.

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Answered on 9/06/05, 4:27 pm


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