Home Buying in 94561>Question Details

Mac, Home Buyer in oakley ca

does a home bilder have to disclose special taxes on a new home befor closing or buying and if so and they dont what type of recorse is there?

Asked by Mac, oakley ca Wed Sep 21, 2011

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Any person (individual or builder) selling a home (via conventional means) is required by Ca Gov Code to provide a Notice of Special Tax to any buyer. Any Special Tax or Assessment where there is a lien attached to the property will show up on a title report. Most Special Tax Districts are formed, and the lien recorded prior to the undeveloped lot being subdivided.
0 votes Thank Flag Link Fri Jul 19, 2013
Special Taxes are actually called supplement assessments and will become part of the parcel's on going property tax bill. A builder would disclose these assessments because they don't want to have liability for any "surprise taxes". When thinking about purchasing a new construction home, I always advise to use a realtor to assist you. The realtor is paid by the builder and the builder will not be giving you a discount for not using an outside un-biased agent, so it's in your best interest to have someone licensed to come along and ask all the important questions on your behalf. Special assessments will be listed on the title report, and on the sales contract documents, all information can be verified thru the county tax assessors office using the parcel number.
0 votes Thank Flag Link Thu Nov 1, 2012
Yes, there should be disclosure of special taxes. This information is often overlooked by home sellers and buyers, but is on the title report that was given to you during the early stages of your purchase transaction, and again when you signed your closing documents. In California you will receive a natural hazards disclosure and this report may also show any special taxes and assessments attached to the property.
0 votes Thank Flag Link Wed Sep 21, 2011
In California all builders building subdivisions (4 or more homes) are required to submit thier subdivision information to the Department of Real Estate for approval and to obtain a public report prior to selling homes. That publice report should address any special assesments tied to that development or master plan community. Check your White report and all your paperwork including title information. Hope this helps!
0 votes Thank Flag Link Wed Sep 21, 2011
well, special taxes don't just appear overnight, so I must disagree with Ron on this one. Home builders are not required to do many things a Realtor must do so dealing with one on your own is like playing Russian Roulette. You might win or you might loose. As far as recourse, you probably need to speak with an attorney. Builders often know speaking with an attorney will cost you more than you think and often they take a chance you won't.
0 votes Thank Flag Link Wed Sep 21, 2011
If the Builder doesn't disclose it, the Title Company may.
If it is NEW, it is possible that no one knew.
DISCLOSURE only involves things that the people KNEW first hand; not guessed, not thought, and not even that you thought they should have known.
If it comes up; you would have to show that they KNEW it and didn't DISCOSE it.

Special TAXES sounds like like something that they would have no way of knowing.
0 votes Thank Flag Link Wed Sep 21, 2011
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