Legal Question in Real Estate Law in California

Buying house , non-payment of delinquent taxes

I'm buying the house. Seller is currently delinquent on the property tax. Am I responsible for paying this taxes?

Thank you


Asked on 12/18/08, 3:05 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Buying house , non-payment of delinquent taxes

Well, let's put it this way.....someone has to pay the property taxes, or the property will be sold for unpaid taxes. Usually, when property is sold, the taxes are prorated based on each party paying the taxes that were assessed for that owner's period of ownership. Other arrangements can, of course, be negotiated between buyer and seller, but that is somewhat unusual.

As between buyer and seller, the liability is a matter of contract. The county tax collector will send the bills to the owner or assessee of record, but ultimately looks to the property itself as security for the payment of property taxes.

So, study your purchase agreement, and ask your broker, agent or escrow holder for their opinions. If your agreement isn't yet final, try to negotiate for the usual terms whereby taxes are prorated.

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Answered on 12/18/08, 11:28 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Buying house , non-payment of delinquent taxes

Not unless you were foolish enough to agree to do so.

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Answered on 12/18/08, 3:46 am


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