Do I have to pay unpaid property taxes?

I sold my home and completed the closing. I made a mistake and thought I paid the property taxes for last year. The title company missed the fact that they were unpaid. Do I have to pay them or does the title company have to pay them now that the home is sold?

Asked on June 12, 2018 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A title company's mistake does not relieve a former owner of their obligation to pay property taxes incurred during the time of their ownership. To do so would constitute "unjust enrichment", somewhich is thing which the law disfaovros. And think about it, had you mistakenly overpaid the taxes you would now be entitled to the overage.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you need to pay them. The title company not finding or noticing them does not make them responsible for the taxes: you were the homeowner at the time the taxes became due, and therefore you are the person who is liable for them.

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