[WSBARP] NWMLS Charges/Assessments prepaid

[Doris Eslinger]

The multiple listing's form 21 would have another paragraph buried in the form with more details.  E.g. for the 02/17 Form 21, on page 2 under Paragraph "h" it states: "Buyer is advised to verify the existence and amount of any ...assessments that may be charged against the Property before or after Closing.  Seller will pay such charges that are or become due on or before Closing.  Charges levied before Closing, but becoming due after Closing shall be paid as agreed in Specific Terms No. 13."

In your case, I agree with you, Seller should pay if the box "prepaid in full by Seller at Closing."

Regards,

Doris Eslinger
Eslinger Law Office
(425) 451-3237

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Tuesday, August 13, 2019 7:07 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] NWMLS Charges/Assessments prepaid

A PC informs we that this section (13) and is marked prepaid by Seller at closing. The HOA has a special assessment of lets say 30K for 10 years of which we are in year 5. Seller's attorney says that he prepaid the first 5 years and since the last "payments" are not due until after closing the last 5 years are on Buyer.

I say that the amount was assessed in full and seller had option to pay yearly or in one shot and the whole amount is on him.  Is there any case on point?


Nestor Gorfinkel, Attorney at Law
Admitted to practice law in Washington & Florida
Florida Civil-Law (International) Notary
Puget Property Legal Services
2018 156 Ave NE
Bellevue, WA 98007
Tel. (425) 961-0519
Fax. (888) 522-3601

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