Do Not Move to North Parc Condos and a question about taxes (Phoenix: attorney)

[ronnie88]

Hello,

I'm just warning you I moved to North Parc Condos in Northern Phoenix 7th St and Bell Rd. They are complete crooks. They said they will pay our HOA for a year... they paid it for a month and of course my mom did not get this in writing so we have bearly any chance of winning...this case, and also is why they are not paying it since they claimed it was processed "wrong"(since we didn't get it in writing)... Well today We received paperwork from Magnus title...Claiming we owe 340$ for 2007 taxes.....Problem is we didn't live here in 2007 We moved in on April 2008...and also that we owe 1,020$ for 2008 We only lived here April there charging us for the entire year which I dont think is right. In our agreement It did say that they would pay all closing costs... What can we do about this?

[mwwwin]

Everything must be in writing on the Purchase Agreement (PA). One knows to never rely on a verbal commitment - especially on something as large as a home purchase! Ask your REALTOR that represented you on the purchase - I hope you did have your own representation and didn't work with the Listing Agent/Company?

Your Agent should've made sure the paid HOA was written on the PA. Also, depending on how the PA was written, you could've been liable for back taxes - this sounds like the case. Seller paid closing costs do NOT include taxes. Again, your representation should've made sure you were protected.

This a perfect example as to why a home buyer needs their own Agent to represent them other than the one that really works for the Seller. Their fee is paid by the Listing Agent so there is no cost to the home buyer - but there is a lot to gain...this case is a perfect example. Or if you did have your own Agent, it sounds like they weren't competent...

Based on the info you provided, I believe there is nothing you can do and the condo complex isn't to blame. You heard from one person that your HOA and taxes would be paid but that person sounds like they were in error. If it were in writing it's a different story....

[crystalys]

Originally Posted by ronnie88

Hello,

I'm just warning you I moved to North Parc Condos in Northern Phoenix 7th St and Bell Rd. They are complete crooks. They said they will pay our HOA for a year... they paid it for a month and of course my mom did not get this in writing so we have bearly any chance of winning...this case, and also is why they are not paying it since they claimed it was processed "wrong"(since we didn't get it in writing)... Well today We received paperwork from Magnus title...Claiming we owe 340$ for 2007 taxes.....Problem is we didn't live here in 2007 We moved in on April 2008...and also that we owe 1,020$ for 2008 We only lived here April there charging us for the entire year which I dont think is right. In our agreement It did say that they would pay all closing costs... What can we do about this?

First of all if you didn't move in until April 2008 then you should have a closing date and your own signature date on your copy of the paperwork to prove when you closed in 2008, so you do not owe 2007 taxes. Check with the title company because they are the ones that decide who owes what at closing. The county assessor's office will also have the official documents of when the deed recorded and when you became the legal owner of the condo. You can access them online at :

Maricopa County Assessor - Keith E. Russell, MAI - Homepage

You as a buyer paid the title company for title insurance which all this is covered under. Call them and tell them to straighten it out. If they don't then complain to the Arizona Department of Insurance which regulates Title Companies. Here is their contact info:

[Arizona Department of Insurance
2910 N. 44th Street, Suite 210
Phoenix, Arizona 85018
Phone: (800) 325-2548
(602) 364-2499
Fax: (602) 364-2506
Email: consumers@id.state.az.us
Website: Arizona Department of Insurance Home Page


As far a the HOA dues, did you see any advertisements, and have a copy of such advertisement either in the newspaper or a flyer that the Condo complex put out showing that they would pay the first year? Or as mwwwin stated, in writing anywhere? Without that, then unfortunately you may not have a defense for that. Ask some of your neighbors, maybe they have something in writing that you can make a copy of that is dated for around April 2008. Your only other hope is to contact a real estate attorney to see if they can help you sort this out.

And finally, closing costs can include so many variables but the usual and ordinary ones are oultined on your HUD-1 form that you received from the title company at closing. HOA dues are not a normal part of closing costs but if you were told that one year would be paid then it should have been listed on the HUD-1 form along with who was responsible to pay for what principal, interest, taxes and insurance (prepaids) on the closing date.

Unfortunately I also agree that if you didn't have your own representation and used North Parc's people then you are going to have a hard time of it.....but it is not impossible. Good luck and feel free to ask me if you have more questions you would like answered.