Olivia D asked:


Lien on property from city of Pomona for a garage door that was not installed in 1963 after the Model home was sold. Now the listing agent wants to back out of the deal now that the bank has agreed to the short sale, because there is a lien on the title of the house because permits were not pulled to install windows and re-roof the house and the garage door was never installed. Can he do that?
Now he won’t give my deposit check to escrow and is holding up the bank by not giving them a total loss estimate that details all the fees of selling the home.

Sean

4 Responses to “Can the listing agent back out of a short sale because of a lien on the property?”

1. bud68 on February 22nd, 2009 8:18 pm

   It is your lender (not the listing agent) that should be insisting on a clean title prior to closing. Apparently, these old liens were never cleared from the title. That’s why lenders require a title search. Speak to YOUR agent and lender.

2. goz1111 on February 23rd, 2009 10:10 am

   Can the seller refuse to clear the lien even if the lender approves the sale? Yes, thus with the inability to deliver clear title kill the deal? Yes

3. Ralph N on February 26th, 2009 8:53 am

   this is a short–the house is worth less than the mortgage. the bank should want this house off its books—-look at sales contract and have you atty talk to them. you want your deposit back now or the atty will sue for much more anf have listing agent loss her re lic.

4. Landlord on February 27th, 2009 4:51 am

   You can not legally sell this house until the title is cleared. You need to take care of the permits and get the garage door on before you can do anything.