What to do if a title company made a mistake and sent me half of proceeds instead of just $25,000 from a property?

From a property my ex and I owned. Now they want me to wire the funds back. Do I have to? I sent them the amount and how much to send twice. It is 2 weeks past when we were supposed to get the funds and they kept postponing delivering them. Now that funds have been delivered and they are panicking and want me to send back so they can correct the amount. Since it was their error, do I have to let them off?

Asked on October 20, 2017 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you do have to return this accidental overpayment. Keeping this money would constitute "unjust enrichment", something that the law disfavors. This is why one person cannot benefit form another's good faith mistake. And think about it, had they mistakenly shorted you money, then you would have a legitimate claim against them.

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