Property tax paid is more than the estimated value during closing

Status: Open
Mar 15, 2023 Views1,295 Answer a Question

I closed a house in Aug 2022 in Austin, TX. The prorated tax credit from the seller was part of closing for the duration of Jan thru July and based on 2021 tax payment. But the property tax paid in 2022 is considerably higher and my escrow account made the payment and I realized it now. Neither the title company nor the seller's real estate agent want to get into adjustment business. I have a TREC contract signed both by me and the seller and the probation clause states that the proration shall be adjustment after the actual tax statement is issued. So my question is:
Is it legal to contact the seller personally and ask for the difference in the tax as settlement?

What's the best approach to undertake in a situation like this?

Asked by
Consumer
Categories:
Property Taxes
About 1 year ago
Title company is best way to find, they do escrow and their responsibility and find out where amount is shortage or charge more, and more. If there is tax increase or Insurance Premium. And sometime they don't like to do extra work. Ask your Broker also .I don't approach to Sellers until you are Intermediary also. Best your Brokers will advise you more.
About 1 year ago
This is an interesting situation! I would reach out to the seller's agent thru, email, text and phone and document it. It states in TREC rules that an agent has 3 business days to respond to your text, email and voice message. If they don't respond I would contact TREC about mediation.
About 1 year ago
Absolutely! One of my follow-ups with my clients after closing (mid-December typically) is to check the "real" bills, make sure the prorations were appropriately done, and report my findings to my clients. Yes, reach out to the Sellers and tell them how much they owe you! If they don't respond reach out to their agent and the title company. Of course, this is a legal question and you should always speak to an attorney for proper consultation. I hope the Sellers work with you as they agreed to at closing. Mark McNitt, MarkKnowsHouston.com Bernstein Realty
About 1 year ago
The lender does the prorations so they are often wrong. They are the one that was wrong so they should jump in to help. Normally the title company will reach out and invoice the other party. If they refuse to do this call the manager and let them know you will be advising your brokerage realtors never to use them and do so. But yes you can invoice them personally and send them the form they signed along with actual bill. If they still refuse to pay sue them I’m small claims. None of this needs to happen if the party that prorated reaches out. It’s more official and will certainly get paid. Sounds like you need to make some noise as sad as that is to be in that position.
About 1 year ago
It might not be against the law, but the question here is ethics. Is it ethical to go behind the agent’s back? You can call 1 (800) 873-9155 and speak with a lawyer for free. That hotline is specifically to answer these types of questions for realtors.
About 1 year ago
At closing settlement agent has a disclosure that states in this situation that any tax difference will be dealt between buyer & seller after closing. I would get all your fact’s together with supporting documentation and approach seller for differences. Problem are they going to want to assist? That’s up to seller if so. Worst case small claims court but is it worth it depending on differences due in 2022 balance. That would be best approach, Yes agent can assist but would not be our practice.
About 1 year ago
There’s no law preventing you from reaching out to the seller directly to discuss the situation. However, it is always a good idea to approach this type of situation carefully and professionally. The Standard Tax Proration Agreement that all parties sign at closing – on page 3 states Buyer and Seller will work out any tax differences after closing. Here are some steps you can consider taking: Consult with your real estate agent: Before reaching out to the seller, it's a good idea to discuss the issue with your real estate agent. They may have suggestions on how to proceed or be willing to assist you in communicating with the seller. Gather documentation: Be prepared to provide clear documentation to support your request for an adjustment. This may include the TREC contract, the actual tax statement, and any relevant correspondence with the title company or seller's agent. Use a positive tone: When you reach out to the seller, whether in writing or over the phone, maintain a positive and professional tone. Explain the situation, provide your documentation, and express your willingness to work together to find a fair resolution. Be prepared for negotiation: The seller may be open to discussing the issue and finding a solution, but they may also have their own perspective on the situation. Be prepared to engage in a respectful and constructive negotiation process. Consider legal advice: If you encounter difficulties or are unsure about the best way to proceed, consulting with an attorney who specializes in real estate law can provide valuable guidance and help protect your interests. Remember that each situation is unique, and the specific details of your contract and circumstances will play a crucial role in determining the appropriate course of action. Consulting with professionals, such as your real estate agent or an attorney, is always a wise choice when navigating complex issues like this. David Smith Blok & Blvd. Realty 281-732-3090
About 1 year ago
You may want to approach the seller's agent or attorney first to see if they can facilitate the adjustment. If that doesn't work, you could reach out to the seller directly, and explain the situation politely. It's important to provide documentation and calculations that support your claim and emphasize that you're just seeking a fair resolution in line with your TREC contract.
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
Advertisement
Find a Local Expert Real Estate Agent in your Area
Start your real estate search the right way by finding the best agent to work with in your area.

Related Questions