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Updated over 5 years ago on . Most recent reply
Realtor/Lawyer/Me; Who is liable for rent proration on signed HUD
Please I'm counting on a very straight answer, in order to analyze if I have a case, or if I am just transferring responsibilities to others...I really don't know where I am standing in this case.
Here what happens:
On the sale of my rental property, I have trusted my selling agent, signing a HUD without making any math at the closing date. My selling agent said once he gave the buyer a rental estoppel on his hands, he have "assumed" that buyer has also handled rental proration dates to the closing lawyer.
Lawyer said he was not informed on time and now that I have signed it is closing case..So no layer or my agent wants to take responsibility for it paying for their mistake if there was one...
To my view my agent should never "assumed" anything, He had an obligation to make sure lawyer got that information. Also an obligation to verify if the numbers were correct on the HUD in order for me to sign it..Is that correct?
The lawyer and agent are assuring me the case is close once I have signed.. Please, very humble I ask for your input .
With great appeciation.
Neusa
Most Popular Reply

If the transaction is completed and recorded, there may be some documents signed at closing where both you and buyer agree to fix any errors, although I believe it's usually reserved for a missing initial or something, but may be a solution if both parties understand and agree a mistake was made. But if you reviewed the HUD and signed it, that's basically letting everyone involved know that you found it to be accurate. No one will care for your finances more than you will, so this may just be a hard lesson in making sure you review your own documents where your finances are concerned. If the amount was large enough, the net to seller should have had you questioning it enough to not sign before finding out why you were getting less than you expected.