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The seller would generally be responsible to pay the past due property taxes at closing and bring the taxes current. It all comes down to what the parties have agreed to in the contract, so make sure that your contract states that the seller is responsible for these taxes. The standard California Association of Realtors Residential Purchase Agreement addresses this in section 17 and states that taxes shall be paid current and prorated between buyer and seller unless otherwise agreed to in writing. Good luck with your purchase!
Coldwell Banker Residential Brokerage
Congrats on finding a home,
Keller Williams Hollywood Hills
In a typical transaction it's the seller's responsibility. The back taxes will be paid out of the seller's proceeds during escrow so that clear title can be passed to the buyer. This is also true for a short sale, the short sale lender will usually pay the back taxes.
Be sure to ask your agent to confirm the back taxes are being paid out of escrow by the seller, they can get this information from the escrow officer.
Good Luck and congratulations on the purchase of your new home.
Bankers Realty Exclusive, Inc
The seller should clear all liens. If it was a short sale or REO the seller (and or lender) should have cleared these liens. If you have purchased title insurance, these liens must be cleared before transferring title. Seller may be paying them out of escrow. Have your agent follow up. You should not have to pay. If seller can not pay, then reduce the price accordingly and or take a credit to pay. Your agent should be able to advise you best.
The Title Company will confirm if taxes are owed. It is not my or any other agent's, or non-agent's, place to tell you yes or no. You have options here; it is negotiable.
The Seller can not force you to pay the taxes, and vice versa; but, it does need to be paid by someone prior to transfer of title. To make clear: I'm not a legal advisor, and this may actually vary from state-to-state.
Consider: if it's not paid prior to transfer of title... title will not transfer.
Is it a short sale? If yes, perhaps the seller can't pay... and perhaps their bank is or is not willing to pay; attempt to have the Seller or their bank pay. If they say no, then it will be up to YOU to decide if you are willing to pay it.
Is it a banked owned REO? I've never seen a bank not pay prior years taxes and make current.... but, if you're getting it for a GREAT EXTRAORDINARY price, perhaps they may ask you to pay it; as long as it's clear and in writing, it's all good.
Is it a traditional sale? I think you get the gist... itâ€™s negotiable.
Cheers! Oh, great question btw.
DAVID COOPER Foreclosure Specialist in Las Vegas with 35 years Investing Experience. For a Free list of bargain homes, click website or Call +1-702-355-8807
Great Question! Review your contact to purchase and any addendum attached for guidance. If you don't find the answer there contact your attorney for the answer. Normally the seller is required to pay all back taxes and supply you with clear title at closing, but not in all cases. Previous answers are correct about HOA's, Foreclosures and Short Sales.
All the best,
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
Accredited Buyer Representative|Certified Distressed Property Expert |Pre-Foreclosure Specialist Certified
I want you to know that I appreciate any referrals from friends and associates who may be in the market to buy or sell real estate. You can count on me giving them the same high-quality service I provide to all of my clients.
Good answers below. I just wanted to add that if there's an HOA you will want to check asap as to whether they are behind there or not. More often than not, if a seller is behind in property taxes they are also behind on the HOA dues. And if a short sale, in my experience the current bank is more likely to approve payment of back taxes over payment of HOA dues.
Best of luck!
Broker / Owner
Solant Real Estate Advisors
In most cases, the seller or bank will be required to bring the property taxes current. If you do not want the additional financial burden, insist that the seller or bank/mortgage holder pay them current through escrow. You will be required to pay your prorated portion of the property taxes.
All the best,
Kat Becker, Agent
Prudential California Realty
My colleagues have covered your questions very well. In a majority of sales it is the owner's responsibility to bring any back taxes current before title records.
I would encourage you to have your realtor double check that this has been discovered/disclosed from the Seller's side. If it is a short sale, like Tom G. said, make sure it is on the HUD1 for lender approval.
Is the home a green home or do you plan on making it a green home? Just curious.
Ryan Ole Hass
The Red Door Group L.A.
Keller Williams Larchmont
dre lic# 01417826
If it is a standard sale, to be safe, I would make sure there are enough seller proceeds to cover the back taxes.
If it is a short sale, the amount will need to be on the HUD1 for seller's lender approval.
Congratulations on your new purchase.
Tom Goeders, Realtor, SRES
Keller Williams Realty
License # 01290589
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