What a contract

[amberwave]

What is the name of your state? Kansas

I sold a home in Kansas , I had a atty. draw up the contract ..(a simple real estate contract) to get to the point ..after I had paid this guy first $1500. then he grabed another $900.00 when it closed ...he did NOT take care of the taxes , in the contract it say's " Seller and Buyer shall protrate the 2003 real estate taxes based upon the 2002 real estate taxes assed against the said real estate in the amount of $300. 00 one fourth 1/4) to seller in the amount of $75.00 and three-fourths to Buyers. Buyer shall pay the said real estate taxes for 2004 and there after....so here we are ..and he told me today ...make him a check for $75.00 send it to him and tell him to pay the rest of the yr. .....BUT...THE TAXES are in my NAME ...I told my atty. he is not going to pay ..then what the heck am I to do ..plus I have a small oil check that still comes from that state that they could get ...I no longer live there I have moved to the west coast...the taxes are due the 22 of this mo.

 

[hexeliebe]

...I told my atty. he is not going to pay ..then what the heck am I to do

And how do you know that?

 

[amberwave]

Because ....first of all ..he has IRS tax lien's in Co. up the ....(well you know what.)..I found that out ..then he treid to get me to commit fraud on the paper work for a loan( the buyer) would I have to take him to court to make him pay..and what about the late fee's ...also it doesnt say anything about that...I have always paid my taxes ...always..and my bills....as I said ...I gave that atty. almost $2500. for a simple contract ...also it stated in the contract he was to pay the ins. on the house ...on my policy....he said he got his own ..my atty. let him get away with that too....so what the heck did he get paid for ...I would have to hire another atty. to go after this one is what I am thinking ??????? by the way this same atty. handled my contracts on my land ...and the taxes were paid in that so why didnt he take some money and pay them now ...or is it ...HE CANT MAKE THIS GUY PAY EITHER ...nor will it be taken out of my name until its paid in full>>>?

 

[hexeliebe]

Did you go through this attorney or a legitimate Broker?

Sounds like the deal from hell. I bet next time you'll do a closing in the old fashioned way, RIGHT!

So here's what you do. You contact the County Registrar's office and ask them if the deed has been registered. If it has then file your contract copy with them, pay the prorated taxes and you're done with the deal.

If there are any problems in the future, you have the filed documents to show that you paid the taxes on what was your legal obligation.

If the deed has not yet been filed, you still file your contract and pay the taxes in full when they are one day from deliquent. Then you file in small claims court against the buyer for the $75 plus court costs.

 

[Souix]

What is the name of your state? Kansas

I sold a home in Kansas , I had a atty. draw up the contract ..(a simple real estate contract) to get to the point ..after I had paid this guy first $1500. then he grabed another $900.00 when it closed ...he did NOT take care of the taxes , in the contract it say's " Seller and Buyer shall protrate the 2003 real estate taxes based upon the 2002 real estate taxes assed against the said real estate in the amount of $300. 00 one fourth 1/4) to seller in the amount of $75.00 and three-fourths to Buyers. Buyer shall pay the said real estate taxes for 2004 and there after....so here we are ..and he told me today ...make him a check for $75.00 send it to him and tell him to pay the rest of the yr. .....BUT...THE TAXES are in my NAME ...I told my atty. he is not going to pay ..then what the heck am I to do ..plus I have a small oil check that still comes from that state that they could get ...I no longer live there I have moved to the west coast...the taxes are due the 22 of this mo.

***Need some clarification. Was this transaction an Installment Contract for Sale or are you referring to the Purchase and Sales Agreement as the "Contract"? If this sale was with an Installment Contract, then no Deed gets recorded until the Contract is paid in full. So please explain what type of transaction this was.

If a regular Deed was recorded with the County, then it will say at the bottom of the Deed to change the tax records to whoever's name is filled into that space. If not, you may have to contact the assessor's office yourself and fax them a copy of the Contract to change the ownership info and you can send them the $75.00 for your part, insteadof sending it to the buyer.***

 

[HomeGuru]

Writer, why did you sell to this guy without first doing a lien and credit check?