Legal Question in Real Estate Law in Kansas

I bought a home about a month ago. Everything has been signed and said in done n over with. Then the seller calls and says the title company messed up and we still owe him 1800. Once we have signed everything and agreed to everything that was on paper our we legally obligated to pay the 1800 still?


Asked on 1/06/10, 4:57 pm

2 Answers from Attorneys

Keenan Post Post Warren Lindstrom, LLP

If the error was in your favor (you paid $1800 too little at closing) would you want the seller to return it to you? That is the answer to your question. Additionally, nearly every closing includes a document that states you agree to resign docs and make financial adjustments if there are any errors found at a later date. The key is that an error was made and that you should do the right thing, putting yourself in the shoes of the seller.

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Answered on 1/11/10, 5:05 pm
Sean Santoro Santoro Law Office

To me the question is: was there in fact a good faith error? If the parties agreed to the figures set forth in the contract, there is no error. However, if a clerk added the figures incorrectly, or neglected to carry a digit, it is a different situation. Here the bottom line is...the bottom line. Did the buyer and seller agree on a sale price, and is that reflected in the documents? Or is the seller just greedy? I would reread all the contract documents very carefully before I commit a client to pay or not to pay $1800. Feel free to contact me if you want to look into whether there was an honest, mutual mistake or not.

Sean Santoro/Licensed in KS and MO

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Answered on 1/12/10, 8:18 am


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