Legal Question in Real Estate Law in New York
I sold my home in NYS, the buyer was a real estate agent. We gave $5500 to her in closing costs. We agreed to 7% commission, half for my realtor and the other half for the buyers realtor. Since the buyer was an agent she wanted to use her half of the commission she got from her agency towards closings costs but could only contribute $661.00 because of the % cap for credits at closing. Her firm got the paperwork wrong and showed credits to seller and the HUD-1 was signed as the commission paid as $661.00. Now I am being asked to pay $1,900.00 on the side to her Realty company when there is no line on the HUD-1 stating P.O.C., amount to be paid outside of closing. Am I required to pay the $1,900.00 for their error? Does the HUD-1 need to be amended?
1 Answer from Attorneys
I read this as their error as well as the Title Co. If you decide to pay, you need a corrected HUD 1.
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