Can I be expected to pay all of the 2018 property taxes on a house I closed on October 26, 2018?

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Can I be expected to pay all of the 2018 property taxes on a house I closed on October 26, 2018?

The property tax paid by the seller at closing was based on the property with no
house. The house was completed before January 1, 2018, but at closing, it had not
been reassessed. Therefore the seller did not pay the full amount. I now have a bill
for over 2500 that I am expected to pay this or do I have recourse? The seller and
her attorney are not interested in looking at this. I should only owe taxes for 2
months and six days. This is Floyd County, Indiana.

Asked on April 26, 2019 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The seller did what he was obligated to do: he paid the taxes that were then in fact due. The amount or timing of the reassassment was not under the seller's control and so he was not liable for it. Unfortunately, under these circumstances, you do not have recourse against the seller and have to pay the taxes yourself. You could have negotiated a contract under which some of the purchase price was held in escrow to pay any taxes once the home was reassessed--however, since you did not do so and instead closed when the full taxes were unknown, you are resposnible fro those taxes.


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