Legal Question in Real Estate Law in Pennsylvania

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Question - re: real estate contract in Harrisburg, PA.

An electric utility has passed a $700 unpaid electric bill onto a collection agency for a small rental property. The collection agency says I am responsible for the past due bill. However, I sold that property years before the bill was accrued, and have since moved to Kansas.

Is not the new owner responsible for changing all utilities into his name immediately after purchasing my building.

Since he failed to do so, it was still in my name... and the collection agency says I am the responsible party.

I thought a seller couldn't make such a transfer - that it had to be done by the new owner.

My question: Is a buyer of rental real estate responsible for transferring utility guarantees into their name immediately after purchasing a property, thus removing the seller from future liability?


Asked on 10/04/09, 10:16 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

There should have been some mention at closing about switching the utilities. Because if the utilities are not changed they can come after you. Of course if they sue you for it you could make the new owner a 3rd party defendant. Taking the position they would be unjustly enriched if you had to pay for their electricity.

Next question is how old is this bill. If they don't sue you with in 4 years they are barred from doing so by the statute of limitations.

{John}

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Answered on 10/09/09, 10:46 am


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