Legal Question in Real Estate Law in Florida

Property Taxes

We purchased a home on 8/22/06. When we went to closing they prorated the taxes. They were for $255.12 I question how low they were they told me that was what they were last year and that what they had to go on. I said at that time it was on the unimproved propety. But it would be alot high this year. The attorney told us that the seller wasl signing a document saying he knew the taxes were prorated if the taxes were more he woulkd pay his portion. When the bill came in they were $2,026.32 due by 11-30. I informed the seller and the attorney office. He does not think he needs to pay the bill. The attorney has written him a letter and requested him to pay $1137.19. Still to this day no responce. He has also move out of state to North Carolina. How is the best way to hadle is situation legal. The lawyer that handled this closing will not give us legal advise because she was representing the seller


Asked on 3/01/07, 1:14 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Property Taxes

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the party will not live up to their obligation to reporate taxes, your only remedy is to file a suit against them for damages. Venue would be proper in the County in which the property is located or the closing took place. They would be forced to come back to Florida to defend the claim. Chances are they would agree to pay at that time (if not before).

If not, get a final judgment and then record a certified copy in the same County. Upon receipt of the recorded judgment, have it domesticated in North Carolina as a judgment against them.

Scott R. Jay, Esq.

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Answered on 3/02/07, 6:47 pm


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