We are in the process of buying a home in Surprise, AZ. We have done the inspections and now have been sent the preliminary report that there are tax liens and homeowner's association fees delinquent. What does this mean for us as the buyer?
There are times people complain about the lengthy purchase contract we use in Arizona. However, this is a good example of the protections offered to both buyer and seller and just one other good reason to use a Realtor, who uses the AAR and ADRE forms.
Surprise Liens in Surprise, Arizona!
Sorry, could not resist.
You will not be able to get Clear Title until those Liens are satisfied. Good to see that you have it addressed in your Contract Addendum.
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Best wishes,
Fred
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Thank you for your answers! I just spoke to my Realtor and he explained the situation to me that it was in the homeowner's addendum we had signed that all liens would be satisfied by the seller prior to closing. Being a first time home buyer is so stressful but educating.
Are you represented by an agent? If so, you need to consult your agent and review the contract you signed when you accepted the seller's counter offer. It should address how any liens are to be handled. In most of the contracts I have done for bank owned property, the seller has taken care of any liens because they are the current owners of the property. However, every bank or assett manager has their own contract so you will need to understand what it says before you can take any further action. You may need to consult with an attorney if this is an issue that can't be solved via the terms of the contract.
That's a great question, but one that you should first ask your Buyer's Agent/Realtor. What does your contract say about liens and delinquencies, and who will pay them? Is the seller aware of the liens and 'clouds on title'? Most of us on the forum are not attorneys, so you should also seek legal counsel from a competent real estate attorney.
Best of luck to you!
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