Additional Information: we brought a brand new house 1 year ago and at the closing the atty for the bank didn’t get the final water bill reading which in turn the builder is refusing to pay and saying he didn’t use the water. the bill is $4600.00 dollars and is now (09) going on our taxes – we have asked the builder numerous times to take care of the bill and he keeps lieing saying he will look into it. This is totally unfair and we should not be held liable. What should we do? what rights do we have?
Attorney Answer: I am assuming that you and the builder entered into a written purchase and sale agreement. That agreement typically has a clause that says that amounts for taxes and water, if not known, are “equitably apportioned” among the parties based on their ownership. This is another way of saying that if there was a written P&S then I suspect the builder is responsible for that bill. The closing attorney may also have liability depending on the facts. I suggest that you engage an attorney to strongly advance your position. Please feel free to contact me if you wish to discuss this further.