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What do you do when two opposite answers are checked but neither initialed?

I recently encounted a problem that I think probably happens too often, although I have no proof.

At the closing, the title rep gave the buyers a copy of everything that was signed. The buyers' copies do not have their signatures. The title rep went over everything page by page and explained everything, then the buyers signed or initialed as required. After signing/initialing, the rep put the signed documents in a pile and an "exact copy" in a different pile, which would become the pile for the buyers to keep.

One of the documents was the buyers' protection, an optional, and FREE, service provided by the lender. The form was computer-generated with an X in the accept box. After the buyers tried to make a claim, the lender stated that they had checked the decline box and sent them a copy to prove it. The copy had the computer-generated X in the accept box, but it also had a handwritten X in the decline box.

If the buyers had changed their minds and checked the decline box -- on something that was FREE; why would they decline something that was FREE? -- I think the title company would have had to have made a copy of the changed document for the buyers.

With two opposing answers being checked, neither one crossed out, and neither one having the buyers' initials to indicate it was changed, what would be the proper avenue here?

One of the things that I learned from my marketing guru when we bought our first house and car together was that "exact copy" means exact copy, and that includes signatures, initials, and dates. I know many companies make copies of everything to try to save time for everyone, and then provide "exact copies" without signatures to their Clients, but I personally think it's a bad practice, a very bad practice.

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Posted by Jim Frimmer, Realtor and CDPE, Mission Valley, CA DRE #01458572 on 01/19/2010 10:13 AM

Comments (13)

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13 Comments on What do you do when two opposite answers are checked but neither initialed?

JAN

2010

Hi Jim, I agree, that sounds fishy. Why would anyone turn down a FREE service?

The title company I recommend, and most of my clients end up using, makes copies...with signatures and dates. It takes longer to wrap everything up, and, with the excitement and all, people are anxious to get out and get to their new home or whatever they need to do. But, I believe that the wait is worth it, especially in light of this post. Better safe than sorry....

There is a level of trust that the professional selected "2" when printing the documents so the two stacks of docs should be exact copies...however during the course of signing, if the signer changes anything, then there needs to a copy made of the changed pages.

However, to be safe, the best bet is to make copies of what was actually signed...I agree, but many professional give the client copies of the unsigned docs as their copy....my CPA does that with Tax returns...maybe I'll make copies of the signed pages this year and shred the "original copies".

Every party to a written contract should be given a copy of the fully signed and initialled agreement. In contract litigation, usually the rule is that you can enforce an agreement that is signed by the party to be charged in the action. In this instance, I'd want to know who Xed both choices. If this document was prepared by one of the agents, I'm afraid that the agent may be liable. If someone checked the second box after the agreement was signed, then there is fraud afoot.

I particularly like Susan's comment. I think, AR GODs, this need to be a featured post.

I've caught mistakes all too many times at closing. And I would want to know just what I was getting into with that "free" service -- promotional mailings? Solicitations? If it's so great, why is there an opt-out choice? All parties need to get exact copies of what they signed, as in copies off a copy machine, not just printed copies.

Jim,

This is a rather ancient approach from the middle ages.

Today the easiest thing to do, is simply to make a complete set of documents as signed by making photocopies.

This older system is fraught with potential risks of errors, and this time it happened.

Brian

JAN

2010

Jim,

This is a no-brainer. I agree with Brian. After everything is signed, by EVERYBODY, photocopy the damn thing.

Jim,

In due course, you're going to have to tell us nhow all this worked out.

Brian

Jim...I like having copies made of all documents after they are signed. Limits the arguments about who signed what.

Cosmic Cow

Jim,

I think the buyers are due a copy of everything they signed. I would argue this point.

Ann Hayden in misty Wildwood, MO

Jim, I always have tried to get completely executed copies and would insist on my title company copying the documents with all signatures. As a separate thought, to try and help your buyers, did the title company keep a copy in their file and if so, what does it show?

MAR

2010

Hey, everyone.

Thanks for stopping by and commenting.

I have read all the comments, but since this post is rather old, rather than making comments here in my post to each and every one of you, I'll just let everyone know that I have read all the comments and if there are any questions, I'll answer those. Otherwise I'll simply post this comment and then head over to your blogs soon to visit and do some reading and commenting. I hope you'll have a nice welcome mat out for me!

I'm still fighting to get an escrow closed that was supposed to close last week. As soon as I get everyone to jump through all these hoops, I hope to get back to being more regular here at ActiveRain rather than waiting until the weekend to do all my posts and reciprocal comments.

Don't forget to let your cat come out to play with all the other ActiveRain kitties. Your cat-friendly dogs can come, too!

If you need a great cat book, get yourself a copy of Peg Silloway's The Cat Lover's Book of Days.

Hope all is well with everyone.

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Jim Frimmer, Realtor and CDPE, Mission Valley, CA DRE #01458572

San Diego, CA

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