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  • 1.  Cancellation fee

    Posted 06-18-2024 15:51

    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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  • 2.  RE: Cancellation fee

    Posted 06-19-2024 07:45

    NJ has a similar provision in its rate manual.  If a customer has a lot of canceled files, drop them. I hope you are getting the next transaction for the same buyer.  Some of our customers have enough class to tell us to add the cancellation fees to the new order; otherwise, we have to eat them as a cost of doing business. 



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    Stephen Flatow
    Vested Land Services, LLC
    Fairfield NJ
    +1 (973) 808-6130
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  • 3.  RE: Cancellation fee

    Posted 06-19-2024 10:07

    Hello,

    I am an agent also in PA have the same issues with clients refusing to pay the cancelation fee, I tried to charge them for this before starting the file and they still do not want to pay, Does anybody have a solution?



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    Darya Tkachuk
    Director of Operations
    Five Star Abstract LLC
    Huntingdon Valley PA
    +1 (267) 682-5551
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  • 4.  RE: Cancellation fee

    Posted 06-19-2024 10:14

    We don't even bother trying to collect any costs incurred which typically includes lien letters too.  We lost a realtor client in past when we billed buyer on deal that fell through due to buyer. Realtor told me that was costs of doing business. So frustrating and I don't agree. We have seller and buyer sign an authorization stating they will pay costs. I think once or twice we have gotten paid through future transaction with same buyer/seller. Open for proven strategies that work. 



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    Gail Malloy
    Owner
    Westmoreland Paralegal Services
    Greensburg PA
    +1 (724) 832-8683
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  • 5.  RE: Cancellation fee

    Posted 06-19-2024 11:34

    WE are running into a similar problem in Virginia, although we don't have to pay the title company if it falls through.  We do use outside title examiners and if it falls through we often get stuck paying for that.  I have started telling clients that they will have t pay for the title search if it falls through, but that does not always solve the problem.  I have been thinking about requiring a deposit if we are ordering title before all contingencies have been fulfilled.  I will be interesting to hear what others do.   

     

    J. Rawleigh Simmons, Manager 

    River Title & Escrow, LLC 

    219 Main Street 

    P.O. Box 789 

    Warsaw, VA 22572 

    Tel  (804) 333-0195 

    Fax (804) 333-0197 

     

    River Title License #141425 

     

    NOTE:  I will be on vacation from June 8th through June 16th.  I will be back in the office on June 17th.  If you need assistance during that time please email Karen Rock at [email protected] or call the office and ask for her at (804) 333-0195.

     

    Please note that River Title & Escrow will be closed May 27, June 19, July 4 & 5, September 2, November 11, November 27, 28 & 29, December 23-January 2,2025.  

     

    NOTE:  To protect seller proceeds from possible scams, River Title & Escrow, LLC will only accept wiring instructions on our notarized proceeds authorization form delivered with the original deed package.  NO EXCEPTIONS. 

     

    IMPORTANT NOTICE:  For your protection, contact this office by phone to confirm wiring instructions verbally prior to sending a wire. Never trust wiring instructions sent via e-mail.  Cyber criminals are spoofing email accounts and sending emails with fake wiring instructions.  These e-mails are well done and very convincing.  Always independently confirm any wiring instructions in person or by telephone to a trusted and verified phone number.  Never wire money without verifying wiring instructions.  Our wiring instructions do not change. 

     

     




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  • 6.  RE: Cancellation fee

    Posted 06-19-2024 20:53
    I would agree with you . There should be a fee for services preformed and costs incurred . 

    Sincerely, 
    Stephanie Mooney,
    Owner/ President
    Integrity Land Title, LLC 
    Direct: 817-773-6203
    Email: [email protected]

    Office Locations: 

    Decatur

    FortWorth

    Roanoke

    Weatherford




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  • 7.  RE: Cancellation fee

    Posted 06-27-2024 09:59
    Edited by Eileen Busato 06-28-2024 10:33

    Hello Donna,

    I'm in FL and was having the same issue. When I received the cancellation. 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
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    ALTA Marketplace


  • 8.  RE: Cancellation fee

    Posted 06-28-2024 08:36

    Do you have a form cancellation payment authorization form to share that you have found sufficiently allocates the costs to be reimbursed between buyer and seller and (from what I thought you indicated) gets you paid from the deposit without having to otherwise chase payment?

    Thanks,

    Richard



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    Richard Douglas
    Attorney
    Richard E. Douglas, P.A.
    Hollywood FL
    +1 (954) 618-1005
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  • 9.  RE: Cancellation fee

    Posted 06-28-2024 09:42

    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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