Posted by KKinNoCal on 4/24/07 11:51pm
Msg #186836

Warning-So-Cal Escrow, Aliso Viejo, Ca.

I did a signing for them (I did check search and there was nothing) I faxed today and asked where my check was. They responded, gee sorry the loan did not close-no $ for you. I told them they did not say my payment was conditional when they hired me and it was not in their confirmation, and I expect payment. I gave them until May 5th to pay or I will file with small claims.

Reply by Kevin/Ct on 4/25/07 8:11am
Msg #186847

Your position is correct. If there was no condition placed upon payment of your fee, they can not alter the terms of the oral contract subsequently. The written confirmation is valid evidence of the terms of the oral contract.

If they are subject to the jurisdiction of the small claims court, you should do well.