is the buyer of property responsible for existing liens?

Asked by stephring1970, Pompano Beach, FL Fri May 17, 2013

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Tim Moore, Agent, Kitty Hawk, NC
Fri May 17, 2013
NOPE, seller is to pay off all liens before title can transfer. The exception is a foreclosure auction where the winning buyer buys house and any liens as well.
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PollyAnna Sn…, Agent, Bozeman, MT
Fri May 17, 2013
Hi there - seller will not be able to transfer title without removing the liens - prop tax, IRS, mechanics, mortgages, etc. So, the payment is really the Seller's responsibility. Now, can the Seller pass that to the Buyer in the contract = yes, if agreed upon by the Buyer in the contract. If the liens were not addressed in the contract (Seller did not know of them sometimes), then they will have to be addressed during escrow. Ultimately, the Buyer has the choice if not addressed in the contract - 1) try to negotiate so the Seller pays them and take title as the contract states...or 2) if the Seller cannot pay them, back out or pay them him/herself. Hope that helps! Cheers!
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