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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7416
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My parents just recently sold their house in Glendale, AZ in

Customer Question

My parents just recently sold their house in Glendale, AZ in Sept. 2016. The title agent Gina failed to collect the total property taxes owed on the house. She only collected for two months. All the closing paperwork has been submitted and finalized. My parents have been paid for the sale of the house, but now they have received a property tax bill. We contacted our realtor and she said that they should have been collected on the closing paperwork. Our realtor contacted Gina the title agent that made the mistake and she has been completely rude to our realtor and refuses to admitt the mistake and will not return or communicate with our realtor. Our realtor has tried communicating with upper management at the title agency and they are not responding back to our realtor. The taxes are due tomorrow by 5pm, but I just want to make sure whether my parents are still responsible for the taxes even though the house has been sold and all of the closing paperwork has been finalized on Sept. 1, 2016? Our realtor said it's about a 50% chance that they are no longer responsible for the property taxes since the house has been sold and the closing paperwork was finalized. Is this true? Are they still responsible or are they no longer responsible for the taxes since the title agency made the mistake? Thank you.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 11 months ago.

I'll be brief because dinner is waiting. Usually the buyer pays all the taxes that become due after the closing, which would include tomorrows. If taxes for any years were pro-rated to the date of closing, then the buyers should have received credit against the purchased price for the taxes that you parents were supposed to pay, and the current tax bill is the buyer's responsibility. At least that's the way it works in most places, and that's real estate sales 101. If enough money is involved, and the buyer forces the title company to rectify the error, the title company may have a claim against your parents for reimbursement of the tax they should have paid.

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