Legal Question in Real Estate Law in California
There is CEF fee"Community Enhancement Fee" was apparently supposed to be paid by seller as part of the closing but Escrow company did not put on the HUD settlement statement. This is either escrow company's error or the HOA didnt send correct info to the escrow company. But either way, we are not supposed to pay for the charge. What should we do?
2 Answers from Attorneys
The first thing you need to do is figure out whose error it was. If the HOA submitted a proper demand and the escrow company didn't pay it, they need to deal with it. If the HOA did not send the proper information, then they need to go collect it from the seller. This assumes, of course, that there is no question that the seller owed the fee, not you. If that is debateble, then that would have to be resolved before anything else.
Are you the buyer? This is something that should be resolved by conference and negotiation. It is not so much a matter of law as it is a matter of getting the guilty party to admit its mistake.
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