Home sale comes to a stop when notary discovers seller’s use of 2 names; buyers wonder who will pay for the extra costs, delays
Q: Our home sale came to a halt this morning. It turns out the seller of the home we are buying has used two first names since he arrived in America. His nickname is on the preliminary title report, county taxes, utilities and our purchase contract. The notary discovered the name discrepancy while this elderly seller was signing off escrow papers in the home he is selling to us. The seller’s driver’s license had the seller’s birth name from his country of origin, which didn’t match the name on the escrow paperwork. Now the escrow officer is asking for legal ID with the seller’s nickname. The notary told the escrow officer the seller’s possessions are all boxed up. The seller’s adult daughter is at work all day and cannot leave to open boxes. The listing company is an online type of brokerage located out of the area. The uncooperative seller’s agent predictably told our buyer’s agent to continue to speak with the adult daughter regarding the sale. Now we are faced with paying for redrawing of our loan documents, paying for another interest rate lock, elongating the rental of a moving van, signing escrow documents and indefinite hotel costs. During our exit inspection with the property manager, he made it clear we cannot “hold over” our rental period. Who is going to pay us for all the extra costs and hardship this is about to cause us?
A: One sage Bay Area real estate attorney teaches agents the art of “issue spotting.” However, with a layperson handling the seller’s side of the transaction, mistakes and surprises are not uncommon. Regardless, the escrow and title officers will also need a Name Affidavit witnessed by a notary, listing each name and stating the seller is one and the same person. The adult daughter might fail to find legal ID with the seller’s nickname, so ask the escrow and title officers about a backup solution. You’ll have to issue a written demand for any reimbursements, which will probably be ignored; in that case, you’ll have to take an elderly seller to small claims court. Or, maybe the weak seller representation that usually translates to great deals for homebuyers will suffice.
Questions or concerns? Practical methods to buy a home? Strategic tactics to sell a property? Call full-service Realtor Pat Kapowich, Certified Real Estate Brokerage Manager, at 408-2457700, email Pat@ Siliconvalleybroker. com. Broker License 00979413.