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Like a Bridge Over Troubled Water...Fees!

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Real Estate Agent with Red Rock Real Estate (435) 632-9374 UT DRE# 6541633-SA00

Like a Bridge Over Troubled Water...Fees!Like a Bridge Over Troubled Water...Fees!

As most of you know with distressed sales being a large part of the local market for the last few years, we have had issues with past due water bills on properties. Some cities have attempted to collect from the new buyers the money owed from the past due bill. Or when the new buyer’s have the utilities changed over to their name, the cities will sometimes try to collect the past due amount from them. According to Utah State Law, this is not acceptable.


Title 10 of the Utah State Code (law) see 10-7-10.5(2) (a) A municipality may not use an owner’s failure to pay for water furnished or sewer service provided to the owner’s property as a basis for not furnishing water or providing sewer service to the property after ownership of the property is transferred to a subsequent owner. (b) A municipality may not require an owner to pay for water that was furnished or sewer service that was provided to the property before the owner’s ownership. 


I’m not sure if it pertains to private water companies, but it would be a good idea to research their practices before moving forward. Talk with the Title person and check the HUDs to see if the past due fees are included. This is great information to quote to your buyers if this scenario presents itself when purchasing a short sale or foreclosure and they'll certainly appreciate the message. 


What is the law in your selling area?


Thank you Jack Scott, Prado & Kramer Broker, for the Water Law information.

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I, Wanda Kubat-Nerdin at Red Rock Real Estate Utah am responsible for my opinions expressed in this blog. Information herein is deemed to be reliable but not guaranteed and may change due to market conditions. Please do not take my pictures or artwork and use them as your own, they are my property and copyrighted.

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Wanda Kubat-Nerdin is a southern Utah REALTOR® assisting buyers and sellers in in the St. George area, Dammeron Valley, Diamond Valley, Veyo, Central, Hurricane, Ivins, La Verkin, Leeds, Santa Clara, and Washington real estate markets.
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Red Rock Real Estate
90 E 100 S, St. George, UT 84770

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Sara Homan
Coldwell Banker Ellison Realty 352-209-4044 - Ocala, FL
Realtor, Homes, Farms & 55+

Hi Wanda,  There are so many games that are played with distressed properties.  Wise buyers will seek your advice if they want a Professional agent to help protect them.  Contact Wanda Kubat-Nerdin

Mar 28, 2012 02:09 AM
Edward & Celia Maddox
The Celtic Connection Realty - Queen Creek, AZ
EXPERIENCE & INTEGRITY - WE TAKE THE HIGH ROAD

Everyone tries to get blood out of the turnip.

Mar 28, 2012 02:31 AM
Chris Smith
Re/Max Chay Realty Inc., Brokerage - New Tecumseth, ON
South Simcoe, Caledon, King, Orangeville Real Esta

Wanda, our township will tend to go after the previous owner, though they have asked me to cover fees for tenants who have left.

Mar 28, 2012 02:33 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Sara, Knowing the law is a great help! Thank, you so much.

Edward & Celia, You know the saying...You can't alsways get what you want!

Chris, I have spent money on turning on utilities for inspections but will not pay for someone else's past due utility bill. 

 

Mar 28, 2012 03:08 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hi Wanda,  I guess we are lucky in Colo.  The title company pays the final water bill and takes a larger amount out of the profits.

Mar 28, 2012 03:46 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Will, They seem to have it handled in Colorado then.

Mar 28, 2012 05:08 AM
Craig Rutman
Helping people in transition - Cary, NC
Raleigh, Cary, Apex area Realtor

Here this would be considered a lien on the property and the original owners would be responsible for any fees owed.

Mar 28, 2012 07:27 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Agreed Craig. If there was no lien filed or satisfied, the water entity has tried to push what is owed to the new buyer rather than just taking the loss.

Mar 29, 2012 08:45 AM