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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31561
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We r trying to buy land and we found out, that the seller

Customer Question

we r trying to buy land and we found out, that the seller was not the owner. but the grandmother is. the land is under contract, because we r trying to buy it. but we just found out that the taxes may not been paid. what can we do
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Roger replied 3 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the person who you have a contract with is not the owner, then the contract should be void because the person can't sell or legally transfer title to something that he/she doesn't own.

Expert:  Roger replied 3 months ago.

The taxes not being paid is not as big of a deal in terms of the validity of the transaction........usually, taxes are pro-rated for the year or the seller pays the taxes for the previous year in full. But, that is generally a matter of contract.....and if the contract is silent on the issue, the buyer could end up having to pay the tax debt to avoid the property being sold for land taxes.

Expert:  Roger replied 3 months ago.

However, if the seller isn't the owner, then the contract should be void and you should be able to cancel as a result......unless you can get the grandmother to sign a new contract with you.

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