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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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