Are agents liable for their typo errors?

UPDATED: Sep 30, 2022

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Are agents liable for their typo errors?

So we just bought a house and signed the
papers and gave the down payment of around
3700. The title has already transferred and we
got an email today saying they made a typo
mistake and we owe 1000 more than we
already signed for and agreed to.
My question is, being that it was their mistake,
and we have already signed the papers and
the title transferred. Does the agent or
someone else have to come up with that
Again we already signed for the 3700 amount
that was on ALL the paperwork.

Asked on July 20, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue is whether this is a just a "typo" or a change in the terms.
IF you should have paid a $1,000 more--it was clear from any correspondence exchanged before signing the papers, from the listing(s), or elsewhere in the contract, for example, that the price was $1,000 higher and it was just mistyped here--you would owe the extra $1,000; the courts will correct contracts (if litigation, e.g. a lawsuit, ensues) to give effect to what they clearly *should* have said and will not let a typo alter the agreement.
But if there was not reason for you to think that you should have paid $1,000 more--everything you saw was for the amount you paid--then they cannot now decide that they should have asked for more. If you clearly paid the amount then agreed upon, that's all you owe and should pay the extra $1,000; let the seller try to get it from the agent, if the seller feels the agent negligence cost him $1,000.

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