u/Hot_Technology5177 — reddlx

Hi everyone! I represented the seller on a deal in New Jersey. The transaction already closed, title handled conveyancing, funds were disbursed, and everything seemed fine, but now my brokerage is holding my commission because the file is missing the smoke/CO cert. The contract includes the standard NJ compliance clause making it the seller’s responsibility, and we also signed the advisory acknowledging that, but the deal still closed without title requiring the cert. There’s a charge on the ALTA because even though conveyancing isn’t the title company’s job in New Jersey, we paid them to order it, and the inspection report actually says smoke/CO detectors were not inspected and recommends the buyer handle them after possession. So I’m in this weird position where contractually it was the seller’s and title companies, responsibility, but in practice it got missed and the deal still went through. My broker now wants something in the file before releasing my commission. Has anyone ever seen title companies close without requiring this before, and is this really just a compliance/file issue or something I should be more concerned about? I understand the responsibility of a title company however I spoke to somebody at the township and they were baffled that the title company let us settled and I feel the same way especially since they were compensated to do this. I’m trying to resolve this without involving the buyer if possible, but definitely see it as a learning experience because realistically, we paid the title company to order it, but I did know that this had to be done.

Edit: I was able to speak to the fire inspector in this town and he told me that it doesn’t matter there are thousands of houses for sale in this town and he doesn’t keep track of every single one. That doesn’t address the fact that I haven’t gotten paid though!