FACTS:

The buyer and the seller entered into an AAR Purchase Contract. On page 3, line 127, the buyer’s agent checked that the seller shall pay all assessments. There is a sewer assessment by the city for more than $9,000. The buyer is expecting the seller to pay this, however, the seller is refusing to pay and will not close escrow.

ISSUE:

Is the seller responsible for the sewer assessment even though it was not listed in the additional terms section of the purchase contract?

ANSWER:

Yes. Pursuant to the parties’ contract, the amount of any assessment, other than a homeowners’ association assessment, which is a lien at the close of escrow, will be paid as indicated. The purchase contract indicated that the seller is responsible for the assessment. The seller signed the contract and is required to pay the sewer assessment.

Arizona REALTOR® Magazine – November 2013 | Contracts


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of Arizona Real Estate: A Professional’s Guide to Law and Practice.
Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.