ESTOPPEL FEES: UNMASKING THE TRUE COST OF LEGISLATION
By
Rafael Aquino
Published January 17, 2024
When discussing
estoppel fees, it's crucial to recognize the often-overlooked
challenges and responsibilities involved in producing estoppels.
Preparing an estoppel certificate is not trivial; it involves
meticulous work and significant liability. If an error occurs, the
liability placed on the producer can be severe. This responsibility
alone justifies a fee.
Moreover, the process
entails collecting and verifying detailed information for the title
company, which is time-consuming and intricate. Once a property
closing occurs, the complexities don't end. Often, we find ourselves
chasing the title company or new owner for the necessary information
to complete the process.
Our team's role
extends beyond producing an estoppel. We handle the crucial
transition from old to new owners, involving updating accounting
records, making necessary transfers, and archiving old owner
information. Additionally, we're responsible for ordering coupons,
preparing welcome packages, and other tasks that ensure a smooth
transition for new homeowners. These efforts require resources,
time, and expertise, all covered by the estoppel fees.
It is surprising, and
perhaps disconcerting, how legislators and opponents have assumed
the authority to dictate what a business can charge for its
services. This stance contradicts the fundamental values of free
enterprise and market dynamics that our country cherishes.
Our industry has
consistently adapted to legislators' changing demands and
regulations. We've engaged in extensive dialogue to explain the
rationale behind our fees and have conformed to numerous changes
over the years. However, there comes a point where we must stand
firm and say, "Enough is Enough."
It's essential to
question the actual beneficiaries of the proposed legislation to
eliminate estoppel fees. Could our legislators have a personal or
business interest in seeing these fees removed? Are homeowners
genuinely clamoring against these fees? The reality is that
homeowners are more vocally concerned about the more pressing issues
like skyrocketing insurance costs and general cost increases. By
imposing restrictions on estoppel fees, we are not alleviating any
significant burden from homeowners. Instead, we're shifting the
financial load elsewhere and having homeowners pay for a fee that's
the responsibility of a new owner.
Eliminating these
fees won't make the associated tasks disappear. They still need to
be done, and the costs must be covered somehow. This will lead to
increased association fees or other indirect costs to homeowners.
Far from providing relief, such legislative measures might add
another layer of financial burden or, should I say, an additional
TAX on homeowners already struggling with various expenses.
In conclusion,
homeowners must weigh the implications of the proposed legislation
on estoppel fees. If you believe the industry should absorb
additional costs, leading to increased association fees or indirect
charges, reaching out to your legislators to support this bill might
align with your views. However, if you recognize that more pressing
issues are at hand—like soaring insurance costs, mandatory SIRs, and
other imminent concerns—then it's crucial to make your voice heard.
Contact your legislators and urge them to prioritize these matters,
which have greater significance and impact on your financial
well-being. Remember, legislative efforts should focus on addressing
the most substantial challenges first, ensuring that efforts and
resources are directed towards areas that genuinely need attention
and reform. The question is not just about estoppel fees; it's about
prioritizing the right battles for the greater good of homeowners
and the community at large.
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