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Tax Proration Adjustment

1,167 Views | 5 Replies | Last: 6 yr ago by Ribeye-Rare
aggivedave16
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I sold my home last year and was recently contacted by the buyer that after the 2016 tax bills were paid, there was a small variance in the valuation of the home, resulting in a ~$250 difference.

The standard language in the contract says something along the lines of "buyer and seller will come to an agreement," but we are well into 2017 (so the timing is suspicious) and I've never actually heard of someone trying to re-coup this amount.

I know I haven't when I've purchased homes in the last...
AggiePlaya
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AG
First of all, it's ashamed they are coming to you for a small variance.

I would tell them to pound sand. The minute you closed you left all responsibility for future tax issues like this.
unmade bed
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AggiePlaya said:

First of all, it's ashamed they are coming to you for a small variance.

I would tell them to pound sand. The minute you closed you left all responsibility for future tax issues like this.


While it is rare that buyers seek to do this, it is not true that "the minute he closed he left all responsibility for future tax issues like this." Impossible to say without see the closing docs and the contract, but just assuming they used a TREC contract, the parties expressly agree to "adjust prorations when tax statements for the current year are available." So arguably he contractually agreed to do this.

Now it's gonna be kinda expensive for buyer to force him to do so, so likely buyer will back down, but TREC contracts specifically anticipate this situation and are drafted so that the parties SHALL (not "may") make adjustments after the closing.
SteveBott
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AG
That is correct
AggiePlaya
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AG
Like I said, pound sand
SteveBott
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AG
I agree as well
Ribeye-Rare
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AG
Fellas,

On a related issue --

Technically (in Texas) a homeowner who moves out of a home is no longer entitled to his homestead exemption (for the remainder of the year).

OK. How can the buyer accede to a homestead exemption for the remainder of the year of sale, since his Form 50-114 (claiming his homestead exemption) isn't valid until the following year (and can't be filed until 1/1 through 4/30 of the following year)?

Obviously, this never seems to be an issue, that I'm aware of, but I'm struggling with the technicality of it. What am I missing?

Thanks.
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