Asked in Contracts and Landlord - Tenant for Texas

Q: IF i have a Lease Agreement with option to purchase, am I as the "buyer" responsible to pay for property taxes?

Seller is financing land to multiple families on the same tract. Property has not been subdivided so seller just calculates an amount. He will not be able to keep up with his end of the deal as we are in contract for 5.5 acres which are now being reduced to about 4.3. I have paid two years of propery taxes for the 5.5 acres, but am refusing to do so for this past year as I have learned we won't be getting all the acreage. The contract states, "the Landlord/seller further agrees to keep all mortgages, liens, taxes, or other encumbrances on the property, current and in good standing." Seller recently has been pushing for us to pay 2021 taxes so I made my own calculation based on acreage and told him to credit the amount we have overpaid the past two years, but of course he disagreed and has now sent a notice to pay or quit financing letter. Help!

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1 Lawyer Answer
Arturo C. Aguilar
Arturo C. Aguilar pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Fort Worth, TX
  • Licensed in Texas

A: Contract for deed can be especially difficult to deal with. Most lawyers would agree that we would have to read your contract.

In this case, it sounds like you have voluntarily paid property taxes, and he could easily argue that this has been the oral agreement. Which most people would tend to perceive to be true.

But again, it all depends on the contract.

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