Betterment issues at closing
I was a first time home buyer in 2018, until recently, I put the house on the market, and just a week to closing, I learned there’s a betterment due of $9,000! I’ve never heard of it. All the taxes were paid through escrow so for the first time, I went digging and discovered that we’ve been paying $750 per quarter and the balance of $9k is due. But here’s the problem:
I wasn’t aware that we’ve been paying this. I didn’t even know what it meant until yesterday. Yes, I was stupid.
I checked my P&S and disclosure documents for the new sale but couldn’t see anywhere it was mentioned. I tracked down my buyer agent and she sounded dismissive saying we were aware. I asked for documentation and she sent me an email from 2018 from the loan processor (a month before closing) telling the closer that I was aware of the betterment and agreed to it. I and the buyer agent weren’t included in that email thread but all they had was a word of mouth and municipal certificate (which I never signed or received a copy). Even when the closer asked for a meeting to discuss this, the processor didn’t acknowledge it.
So here we are in 2026 trying to understand why a betterment was never mentioned in my P&S or disclosure prior to closing. I am not sure where to start from or what my next line of actions are.
Upon reviewing my new P&S for 2026, I saw that the closing attorney didn’t advise about the betterment and also never mentioned to me that we would be responsible for any balance due — so I signed the P&S.
I already agreed to give seller $5k closing credit, pay her agent, pay mine, pay the closing attorney, and other fees, repair issues in the house and now I also have to pay $9k betterment I didn’t even know existed?
What do you advise and where should I start from?
What are my options?
Editing to include Massachusetts as the state.