The agent displayed the property taxes in the listing as 1035 a year when actually they were 1350 per year a typeo. We finally learned about it when we got to the settlement table. She relized she made a mistake and said oh the taxes increased. I thought she was correct but strongly doubted her. I learned later that in Maryland Taxes are reassessed every 3 years on the fiscal calendar year of july so it was immpossible for the taxes to even increase when we went to the settlement table. Is there any legal action that can be taken against the real estate agencey for showing lower taxes then actuall. I understand the taxes are public knowledge and we should of if we wanted to be sure researched them in the first place....
2006-10-18 07:38:36 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You could go to small claims court, but there is a good chance you would not prevail. It was an honest mistake, and of very little difference. The title commitment prepared in advance of your real estate closing indicated the exact amount of taxes for the previous year, and the seller's proceeds were subject to a per diem credit to you for those taxes and any tax liability for the current year through the date of closing. Your tax liability began with the the day of closing. The difference between what the agent showed on the listing and what you will pay amounts to less than one dollar per day. I believe the court would consider your claim to fall under the doctrine of "de minimus non curat lex" - The law does not concern itself with trifles.
2006-10-18 07:48:00 · answer #1 · answered by Suzianne 7 · 0⤊ 0⤋
I don't live in Maryland, but I highly doubt that a real estate agent could be legally liable for a typo regarding your property taxes, since they have no real authority to represent to you what the taxes are. The agent gets that number from the local/state auditor (or just from the previous owner) just like you would and provides it as a convenience to you as the buyer. The test should be whether the agent is required to provide information about property taxes at all, or if they just do so to make life easier for you as their customer. If, as I guess, they aren't, then it's on you...
2006-10-18 08:19:07 · answer #2 · answered by Mark M 3 · 0⤊ 0⤋
As long as your taxes are included in your escrow and in your mortgage payment you should be fine. She could've been going on an estimate, or it could've been an honest mistake. Or did the mistake make your mortgage payment higher than what you expected when you went to settlement? Need more info to go on..my best friend built my house and is also very experienced with mortgage loans,etc. She did it all for me!
2006-10-18 07:51:32 · answer #3 · answered by Christine C 2 · 0⤊ 0⤋
I am not sure about Maryland but in MO they can raise them as they please. The only thing I would say is that it is probably public record and you did not do your homework at county seat. Agent probably just took word of owner, who may not have known better. As some use escarole they do not keep close watch.
2006-10-18 07:51:29 · answer #4 · answered by rallman@sbcglobal.net 5 · 0⤊ 0⤋
Would you have refused to buy the house if the taxes were $315.00 more than you believed? Fuhgeddaboudit!
2006-10-18 08:26:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋