Consumer Financial Services
Comments, suggestions, ideas and help are appreciated. The following is the letter we addressed to Chicago Title Company and have not heard anything since then.
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August 3, 2005
Re: Order #: XXXXXXXX
To Whom It May Concern:
We purchased a spec home from Drees Homes in Rolling Knoll last year and closed on that home on April 30, 2004, through your office. That closing was completed in less then an hour, however, we felt comfortable during the process due to the reputation of your company and Drees Homes.
Since that closing we have learned that the Sales Article of the Universal Commercial Code requires that merchants observe reasonable commercial standards of fair dealing in their trade. It is our understanding that it is a common practice for the purchase price of homes to be reduced through a credit for real estate taxes which have accrued ($1,192.23 in our case) and that the reduction should have been reflected in the closing documents prepared by the Chicago Title Company. Unfortunately this reduction was not reflected in the closing documents and we did not recognize that oversight since we were focused on what was being charged to us, not the blank spaces. We are from a foreign country, we were first time home buyers and we had absolutely no knowledge of closing document and/or the home-buying process, therefore, we had no alternative but to place our faith and trust in your company and Drees Homes.
Our house was fully completed and assessed for real estate tax purposes on March 1, 2004 (approximately two months prior to the closing date) by Hamilton County. That fact was known by Chicago Title and Drees Homes at the time of closing. As a result, it is our opinion that the closing on our home did not represent a fair deal nor were commercial standards met and we deserve to be reimbursed by either your company and/or Drees Homes for the taxes which were due and owing by Drees Homes prior to the closing date.
We visited both your company’s and Drees Homes’ offices this past Spring and we were advised that normally when one closes on a spec home a tax credit is reflected on the closing documents and it was suggested that we pursue Drees Homes, unfortunately, however, Drees Homes has to not responded to us. It is our opinion that Chicago Title owed us a duty of professional care when our closing documents were prepared. We would appreciate your assistance in resolving this matter.
We look forward to your anticipated early response.
Sincerely,
Poor New House Onwer
posted by Bo Fan @ 9:07 PM
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