Taxes

[RAnn]

Here's the situation:
At closing on sale of house (April 2004) settlement clerk did not get the taxes correct and only charged Buyer with 1 mo taxes. Seller had previously paid 2nd quarter in full.
But this wasn't noticed until after the fact - some time later.
Settlement company won't return overpayment by seller.
Both attorneys going back and forth and in January 2005 buyer pays 1/2 due.
BTW - Township applied overpayment to 3rd quarter tax bill.
More going back and forth and then promise of remaining payment July 1 2005.
No payment.
Now seller's atty says for seller to contact buyer directly (basically - he isn't getting paid for any of this and wants to spend his time on "paying" things).
Seller doesn't feel it's appropriate to contact them directly so writes a letter to buyers atty stating that they have until Sept 1 to make final payment or go to small claims court and will ask for interest also. (It's been 1 1/2 YRS).
Should there be anything else seller can do? This isn't alot of money $750 but it is due to them
thanks
RA

 

[Michael Wechsler]

Here's the situation:
At closing on sale of house (April 2004) settlement clerk did not get the taxes correct and only charged Buyer with 1 mo taxes. Seller had previously paid 2nd quarter in full.
But this wasn't noticed until after the fact - some time later.
Settlement company won't return overpayment by seller.
Both attorneys going back and forth and in January 2005 buyer pays 1/2 due.
BTW - Township applied overpayment to 3rd quarter tax bill.
More going back and forth and then promise of remaining payment July 1 2005.
No payment.
Now seller's atty says for seller to contact buyer directly (basically - he isn't getting paid for any of this and wants to spend his time on "paying" things).
Seller doesn't feel it's appropriate to contact them directly so writes a letter to buyers atty stating that they have until Sept 1 to make final payment or go to small claims court and will ask for interest also. (It's been 1 1/2 YRS).
Should there be anything else seller can do? This isn't alot of money $750 but it is due to them
thanks
RA

Glad that this is the ONLY problem with the sale! This issue is governed by contract. Dealing with attorneys will cost more than the amount in controversy. The advice of the attorneys seem sound. Send a demand letter, certified mail, mentioning small claims court as an option. It might jolt the buyer to also include a notice that seller intends to file a lien on the property in the event this outstanding amount still remains unpaid! Good luck and let us know what happens.