What are the legal obligations for a title company and the builder to pay or pro-rate the previous taxes.?

Bob Anthony
Home Buyer
Greeley, CO

The tile company we used in our December, 2006 closing on a single family home, used tax records form 2005. Normally this is not a big issue except in 2005 the parcel of land was taxed with no improvements (dirt). In January, 2006 the taxes for the same parcel of land were increase for land improvements (house). I don't feel it is right to pay taxes on the parcel improvements for the 11 months that we were not in the house as the owners.

Answers (5)
Best answer: Bruce Lynn
First to answer: Bridgette Ko…
Bruce Lynn
Agent
Texas
BEST ANSWER

Typically taxes are prorated. So you would pay the December taxes and your builder would pay the Jan-November taxes. Normally you will be given a credit at closing for the taxes. Sounds like your problem is that the credit was either not calculated correctly or the correct amounts were not available when you closed. In my area if you go back to the builder with the actual bill, they will pay the additional amount based on the new rate. Go back to the title company or your builder's rep or your realtor and ask them how to proceed. My guess is they'll be glad to help.

Web Reference: http://www.teamlynn.com
Fri Aug 24 2007, 20:25
Carrie Crowell -...
Agent
Southaven, MS

In my area if there is a big differnce on the taxes, the Title Company will say at the closing this is an estimate, it the actual is different to let the seller know. The best way to do this is through the 3rd party Title Co. or your agent. The seller is not going to be happy about you asking them to pay more for taxes even if they were his responsiblity. This would be the easiest way I can think of to get your desired result which is to have the seller pay what he actually owed for taxes.

Web Reference: http://carriecrowell.com
Wed Aug 22 2007, 14:45
Carrie Holmes,...
Agent
Fort Collins, CO

It depends on what was written up in the contract. There is a section of the standard Real Estate contract that covers tax prorations. Taxes are either calculated on the Calendar Year Immediately Proceeding Closing or the Most Recent Mill Levy and Most Recent Assessed Valuation (the later being used most often). In Colorado, taxes are paid in arrears. So you should have gotten a credit on your settlement statement for the taxes owed by the seller for the first 11 months of the year to be paid in April of the following year. If you have any specific questions on your settlement statement you should ask the title company who conducted your closing to clarify . So you are correct, in that the seller is responsible for the taxes during the time that they owned the property and you are only responsible for the taxes after you take title. Hopefully this information is helpful.

Wed Aug 22 2007, 07:41
Carrie Crowell -...
Agent
Southaven, MS

That is an issue. I would contact the Title Co. that handled the closing and ask them what happens in this situation. They will be able to lead you in the right direction for this matter!

Wed Aug 22 2007, 07:35
Bridgette Kostek...
Agent
Florida
FIRST ANSWER

Bob,
OOPS! Someone made an obvious mistake here. Hind sight is 20/20, but I can certainly understand the reasons this may have happened. Have you contacted your title agency and explained the situation to them? They should be happy to help you correct this without too much trouble. Best of luck!

Wed Aug 22 2007, 07:19

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 3
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback