Q: Does the buyer pay the taxes or the seller? Buyer has occupied the house for a year and still making payments.
House is in Missouri. Buyer said he would pay note off right away but I let him make payments when he could not pay it off. Now he refuses to pay property taxes as if he is renting. Last years taxes are still due. I am paying taxes on my place in TN. and thought my buyer was paying the taxes on the house we are selling him. I don't know what to do.
A: There is no set rule of Tennessee law on how a buyer and seller handle payment of property taxes- it is something that can be negotiated. Do you have a written contract of sale with is buyer? If so, read it carefully- it sounds like the buyer may have already breached the contract if he did not pay as was agreed. If there is no written contract, YOU, as the owner of the property risk losing the property if the taxes are not paid. Consult an experienced real estate lawyer in Missouri for specific advice on your situation.
A: It does not sound like you have sold the House to anyone. Did you give him a Deed? If so, the Buyer is the owner and responsible for the Taxes. But the Note and Deed of Trust (or Mortgage ?) you made is your personal requirement to pay. Usually the TD/Mtg will require Taxes and Insurance to be paid also, or you are in Default. It does sound like he is only renting the Property. If you gave him a Deed then he apparently took subject to the TD/Mtg, so that it is still your Note obligation. He probably only wants to pay rent until he is evicted.
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