Who Pays the Property Tax When You Buy or Sell a House?

Who pays the property tax when ou buy or sell a house

All potential home buyers in Charlotte, NC should be well-informed about property tax responsibilities when entering the real estate market. Property taxes are a crucial aspect of homeownership, and it's important to understand how they are managed during the buying and selling process in this area.

Property taxes in Charlotte are typically paid once a year, due on the first day of September. Many homeowners choose to have their property taxes and homeowners insurance included in their monthly mortgage payments, creating an escrow account that takes care of these biannual payments. If there is any surplus in the escrow account, homeowners usually receive a refund.

When it comes to buying or selling a home in the middle of a tax period, it's essential to determine who is responsible for the property taxes. The closing on a home sale often falls within this period, and funds may have already been allocated for taxes or may need to be set aside.

During the real estate closing, an escrow or settlement agent will divide the property tax into two portions: the time the seller owned the property and the time the buyer will own it. The seller is responsible for property taxes up to the date of the sale, while the buyer takes on taxes from the sale date onward.

Buyers have the option to reimburse the seller for taxes already paid up to the sale date. The escrow agent handles the calculations and provides specific amounts in the good faith estimate or final settlement documents. Having an escrow agent manage this process simplifies matters for both buyers and sellers and is factored into their respective closing costs.

What happens when a property has a tax lien in Charlotte, NC?

A tax lien is a government claim against a property due to delinquent or neglected tax payments. To sell or refinance a property with a tax lien, the homeowner must settle the outstanding amount. This can be accomplished by using the property's equity or from the sale proceeds received at closing, provided it is outlined in the documentation. Typically, the tax lien is prioritized over the current mortgage when settling expenses during the closing process. Importantly, the lien amount is not added to the sale price but is included in the closing costs.

In some cases, homeowners may need to explore alternative options if the tax lien is substantial. It is advisable to seek guidance from a qualified real estate attorney for any questions related to property tax liens and other potential issues that may arise during the buying or selling process.

What happens if a deal closes without the property taxes paid?

If a real estate deal closes without the property taxes paid, it can lead to various potential consequences, which may vary depending on the local laws, regulations, and contractual agreements. Here are some common scenarios that can occur:

  1. Seller's Responsibility: In many real estate transactions, the seller is responsible for paying property taxes up to the closing date. If the seller fails to do so, they may be in breach of the sales contract. In such cases, the buyer may have legal recourse to seek compensation or penalties from the seller.

  2. Adjustments at Closing: Typically, property taxes are prorated at closing. This means that the seller pays for the portion of property taxes they owe up to the closing date, and the buyer pays for the portion that covers their ownership period going forward. If the seller hasn't paid their share, it can create a financial discrepancy that needs to be addressed at closing.

  3. Escrow Account Shortage: If the property taxes have not been paid by the seller, and the buyer's mortgage lender manages an escrow account for property taxes and insurance, the lender may discover a shortage in the escrow account when they try to pay the taxes on behalf of the buyer. In such cases, the lender may demand additional funds from the borrower to cover the unpaid taxes, which can result in higher monthly mortgage payments.

  4. Liens and Legal Issues: Unpaid property taxes can lead to a tax lien on the property. Tax authorities may place a lien on the property, which can affect the property's title. In some cases, a tax sale or foreclosure may be initiated by the taxing authority to recover the unpaid taxes, and this can potentially lead to the loss of the property.

  5. Buyer's Responsibility: If the responsibility for unpaid property taxes falls on the buyer due to contractual terms or errors in the closing process, the buyer may be required to pay the outstanding taxes to avoid legal issues or penalties. This can be an unexpected financial burden for the buyer.

  6. Seller's Legal Obligations: Sellers are typically obligated to clear any outstanding property taxes before the sale is finalized. Failing to do so can result in legal consequences, including fines or legal action by the buyer to recover the unpaid taxes.

In conclusion, understanding property tax responsibilities is crucial for home buyers in Charlotte, NC. Property taxes are paid biannually and can be managed through escrow accounts, making the process more manageable for homeowners. During a home sale, property taxes are divided between the seller and the buyer based on their respective ownership periods. Addressing tax liens, if present, is also essential, and consulting with a real estate attorney is recommended for guidance on property tax lien-related matters. Being well-informed about property tax obligations is essential for a seamless real estate transaction in Charlotte.

Chad Hendrix Real Estate Blog

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