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Am I responsible for fees left out of old loan?

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chellem

Junior Member
What is the name of your state (only U.S. law)? California
Purchased new home last year. Upgraded carpet directly from the builder costing $1800, which was to be added to the loan. Escrow closed 7/2009. Fast forward to 3/2010. Got letter fropm design center stating $1,800 was omitted from the loan and they want a check. I did review my loan and it was omitted.
1st- Am I responsible for this ?
2nd- If so, I gather my loan should be re-written and the amount added to the loan as I agreed to do. And I should not have to pay anyone anything to fix this error, correct??

Thanks.What is the name of your state (only U.S. law)?
 
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latigo

Senior Member
Without knowing more detail, I would say that the supplier’s squabble is with the builder/seller that purchased the carpeting and not you.

But you should make an appointment with a California based attorney who can review these rather unusual arrangements. If in effect you agreed with the builder that you would stand responsible to the design center, it may be able to assert contractual rights as a third party beneficiary. Your attorney would know.

As far as the cost of “fixing the error”, it seems to me that you are just as responsible as the builder. And if the center was aware of the arrangement to add the cost of the carpeting to your loan, it would have been prudent for them to have a representative present at the closing to pick up the check.
 

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