Home Buying in 92627>Question Details

Flaaash, Home Buyer in 91006

Who is responsible for Property tax penalties?

Asked by Flaaash, 91006 Thu Oct 1, 2009

What I noticed was the prop tax is 3050 500 in penalties. So on Escrow, they stated prop tax as 3550 and I have to pay my prorated share. In essense I am paying $350 in penalties. If it's up to the seller to pay the penalties, do I have any recourse?

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Dear Flaaash:

Call the escrow company and get a clear and concise explanation of the amount you were/are responsible for and why. Anyone attempting to answer your question about recourse would be foolish without knowing all of the particulars of the agreed upon facts (offer/counter offers, etc.) of the transaction.

Call your agent too that's what we get paid to do; educate, guide, explain, counsel and advise. Good luck!
1 vote Thank Flag Link Thu Oct 1, 2009

That's not right! If there are penalties, it means that there are delinquent taxes due....those have to be paid off before you transfer title. As far as the current taxes are concerned.....they are due in November and so they aren't late yet and won't have any penalties.

Talk to your Realtor to straighten this out....my guess is that escrow just as a lump sum of what is their current tax $3550 and hasn't sectioned it out yet. But if you don't follow up, you are liable to be charged your portion of the penalty too.

Your Realtor should be able to fix this for you....no you do not need to pay a portion of the sellers tax penalty.

1 vote Thank Flag Link Thu Oct 1, 2009
You should explain your concern to the real estate agent and the escrow company. Seller should pay the fees associated with delinquent taxes
0 votes Thank Flag Link Fri Jul 12, 2013
Typically the seller is responsible for tax liens. However, caveats do exist with auctions, probate cases and other atypical exchanges.
Web Reference: http://www.sammisandson.com
0 votes Thank Flag Link Thu Oct 1, 2009
On the date of closing, you essentially pay-back the amount of the taxes that were already paid by the seller -- it wouldn't be fair for them to pay taxes on a property when they no longer own the home. Check with your realtor to see if that is the case. It might not be a penalty, it might just be your share of the property taxes. All taxes will be current as to the date of escrow -- I have seen some short sales where the owners have become delinquent in taxes and they are asking the buyer to pay them -- but that has to be disclosed to you in advance.
Good luck. Bonnie
0 votes Thank Flag Link Thu Oct 1, 2009
Seller, you have to get at closing a clear/clean record of the house...
0 votes Thank Flag Link Thu Oct 1, 2009
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