Legal Question in Real Estate Law in Missouri

Title Co messed up closing figures

I purchased a for sale by owner home with no realtor involvement. The paperwork was all completed through a title co on 11/14/05. The Title co.'s auditor called our home on 12/15/05 and states they made 2 errors in the paperwork, one involved not charging us the real estate tax for 11/05 and 12/05 and the other was that they accidentially gave us a credit of $439. They say the $439 is the amount the seller paid toward taxes for 01/05-10/05. SO-they now tell us we are responsible to go pay the taxes at the courthouse on our new home for the entire year ($510) due to their computation errors. We paid this co. over $300 (our part) for their services. Is there anything we can do to make them pay for some or all of the taxes since it was their error?? Thanks for your help.


Asked on 12/16/05, 10:00 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Title Co messed up closing figures

You could require that they pony up the $300 you paid them. However, if the taxes are unpaid on your home, the tax debt will stay with your property. You may have to pay it all, if they don't pitch in, so that the taxing authority does not sell it again at a tax sale. Your big concern is with your lender and the taxing authority.

By the way, have you audited the transaction to see if they really did make the mistake, their auditing department says they did? If they did make the mistake, then perhaps you should pay the taxes.

Good Luck

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Answered on 12/19/05, 3:42 pm


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