For a while we've had buyer clients e-sign a representation letter that includes the below authorization for us to deduct costs advanced from the earnest money deposit (assuming we have a release signed by buyer/seller directing EMD to be paid to buyer). When the deal dies, we pay the vendors and send remaining funds to buyer. We also will not take a contract unless there is at least $500 EMD. We have had far fewer problems on our purchase files. We have considered requiring a deposit on loan closings but haven't yet made that leap.
I acknowledge that *** will order a title search for the Property immediately upon receipt of this Client Representation authorization in order to ensure the results of the title search are known in a timely manner. In the event closing does not occur, I agree to pay for the costs of the title search (in most cases, about $300) and any other costs incurred or advanced by ***. In the event *** is holding my earnest money deposit, I authorize and direct DLF to deduct the cost of the title search and other fees and costs advanced by *** from the earnest money deposit.
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Thomas Stanley
Dunes Law Firm, P.A.
Myrtle Beach SC
+1 (843) 692-8000
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Original Message:
Sent: 06-27-2024 09:59
From: Eileen Busato
Subject: Cancellation fee
Hello Donna,
I'm in FL and was having the same issue. When I received the cancellation, I sent an invoice to the party that is keeping the deposit. My UW can cancel the title search without issue, at no cost, but the Lien Search, HOA estoppel, Survey we have to pay for. I always explain to them that this are 3rd parties' services. Not money for us! The solution, at the beginning of the transaction make the buyer and seller sign an authorization stating they will pay costs.
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Eileen Busato
CEO
Global International Title
+1 (407) 704-4993
Original Message:
Sent: 06-18-2024 15:50
From: Donna Brady Miller
Subject: Cancellation fee
I am a non-attorney title agent in Pennsylvania who is tired of not getting paid when a transaction falls through.
When I first started in this business almost 40 years ago it was common practice to wait until a mortgage commitment was issued before doing the title search. Jump to the last 10 years or so and it is now common for the lender to require the title commitment, CPL, etc., immediately, sometimes prior to the appraisal being done! I've lost count of the number of searches done and commitments issued only to have the transaction fall through for one reason or another.
The Pennsylvania Rate Manual stipulates that "if an application is cancelled after the Commitment is issued under Company or Agent Procedure, a minimum charge of $100.00 is to be made for such cancellation". Unsurprisingly, no one is willing to pay a cancellation fee after the dream of their new home falls apart.
I know I'm not the only one who suffers from this issue, and I'd love to hear how others deal with it.
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Donna Brady Miller
Inter-County Abstract
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