- 8 - Petitioner hired Continental Title Co. (Continental) to provide escrow services and title insurance for the transaction. The conveyance, assignment, and transfer by Pecaris to Coastal of the Mall real property, leases, and tangible personal property all occurred in February 1988. The purchase agreement as written contemplated a straight sale of the Mall to Coastal for $4.8 million cash, and the fee paid to Continental was determined on the basis of that stated purchase price.5 However, petitioner and Mr. Giorgi lacked the personal resources that would have enabled Coastal to pay the additional $700,000 in cash required to consummate the transaction for the stated purchase price of $4.8 million. The escrow and financing statements show that only $4.1 million of mortgage loan proceeds were deposited in the escrow account, and that the $700,000 shortfall was made up of credits in that amount. The $700,000 of credits was attributable to two items: First, petitioner informed Continental, in writing, that HGM had "received a note from Coastal * * * in the amount of $100,000 * * * in payment in full from Pecaris" to HGM of the commission due from Pecaris for petitioner's handling of the sale of the Mall. The record contains no evidence that the $100,000 deposit called for by the purchase agreement was ever made, or that any 5In addition, the real property transfer tax of $4,800 represented a $1 payment per $1,000 paid as consideration for the transfer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011