There were too many problems,even though we did everything that was asked of us. Our accepted offer included a hefty seller subsidy (most of the closing costs). But this was weeks before our home inspection after which we fought tooth and nail to get the sellers to extend another credit of $2,000 for repairs. Our agent (Doug), despite having access to all paperwork, apparently didn't realize that between our two seller subsidies, our closing costs were entirely covered. Despite us repeatedly asking for an updated closing document in the week leading up to closing, he kept putting us off. Consequently, we didn't see a final closing document till closing. That's when I noticed that the $2,000 subsidy (the one we had fought SOOOO hard for, that I had lost sleep over because the inspection brought out serious concerns with the house) was cut way down. I called him. Where did it go??
Well, this was his answer: he had to remove most of that $2,000 (without ever mentioning it to us) because the type of loan he recommended to us (and we went with) required a minimum of $10k cash from us at closing, and this seller subsidy would have caused us to dip below that $10k. But he had known about both subsidies for a couple weeks leading up to closing and never mentioned it till I called him about it at closing. We could have renegotiated the selling price with the sellers to account for this hiccup so we wouldn't have lost out, but he never gave us the chance. Instead he decided it was a good time to lecture me about the importance of following up with pest control (there was no pest problem so this was really out of the blue and inappropriate) and then got defensive when I said I wasn't interested in discussing that (remember, this was *AT CLOSING*. Over the phone. With the notary standing there, waiting).
Then he started talking about how much money he saved us in *other* areas. When I brought it back around to the missing subsidy money, he said that "no one told him" that we'd be seeking a second seller subsidy after the home inspection. Huh? Buyers ROUTINELY get subsidies added after home inspections. Plus, he HAD the subsidy paperwork. Not only did he have it, but a week or so prior, he had told us to get the addendum rewritten a certain way. So yes, he absolutely knew about it with enough time to see that it was going to be a problem with the type of loan he got for us. And yet he just quietly subtracted it from the final paperwork, I guess hoping we wouldn't notice.
A week prior to closing, I had emailed him about some questions I had, looking at the preliminary version of the closing document. He emailed back that he couldn't address it now, but assured me it was fine, and that he'd call me in a couple days to discuss it further. He never called me. When I brought this up at closing, he said that he assumed he didn't need to call anymore because, in the intervening time, he had talked to my husband, and my husband hadn't mentioned that I still had questions. When I asked what does that have to do with anything?, he said "well I assume as husband and wife, you communicate with each other."
Yep. That's the guy handling our mortgage. And here's the cherry on top: Our contract with the seller specified that seller pays for the termite inspection. Not a big deal at $35. (But if you were out to dinner and they overcharged you $35, would you tell them to take it off your bill? Of course you would.) When I was looking through the paperwork at closing I noticed it had the termite inspection listed on the buyer's side of closing costs. I brought this up over the phone and he shouted "You're asking me about THIRTY-FIVE DOLLARS?!?" And I said "YES! The contract has the Seller paying for it!" And he again harkened back to all the other ways he saved us money with the loan. He also mentioned that if I try to get it changed at this point, it would totally screw up everything (which is true! So ... we were out $35 and there was nothing we could do about it). He said "Maybe you can ask the seller to send you a check." Yeah, fat chance. They were selling this house at a huge loss already.
This might have been the title company's "fault." But this was his choice of title company, and he was the one preparing the closing (in a big hurry, apparently). I also asked the title company (Property Title & Escrow) a couple times to look into this error for me, and so far we haven't resolved it. It was literally the one thing the Seller was supposed to pay for. And we ended up paying it anyway because of the professionals doing sloppy work.
As a final thought, and I can't believe this needs to be said, but securing a good loan for your client doesn't entitle you to make mistakes later. If you do make a sloppy mistake, make it right. Don't shrug it off. read more