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Promulgated Contract FormsClosing_provisionsHARD

Under the TREC contract, the title commitment reveals a property tax lien from the previous year. The seller claims the taxes were paid but lost the receipt. What must happen before closing?

Correct Answer

A) The seller must obtain a tax certificate or other evidence showing the taxes were paid and the lien released

To clear the title objection, the seller must provide evidence that the taxes were paid, such as a tax certificate from the taxing authority. The title company will require proof before removing the lien exception from the title commitment.

Answer Options
A
The seller must obtain a tax certificate or other evidence showing the taxes were paid and the lien released
B
The buyer must accept the lien because the seller claims it was paid
C
The title company must pay the taxes from its own funds and seek reimbursement later
D
The closing proceeds without addressing the lien because tax liens expire after one year

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Related Topics & Key Terms

Key Terms:

closing_provisionstax_lientitle_commitmentcuretax_certificate

Related Concepts

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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