C.D.D. issue

[serpil714]

What is the name of your state? Florida

I purchased my home 3 years ago, below, is a portion of the sales contract:

“(e) Special Assessment by Public Body: Regarding special assessment imposed by a public body, Seller will pay (i) the full amount of liens that are certified, confirmed and ratified before closing and (ii) the amount of the last estimate of the assessment if an improvement is, substantially completed as of Effective Date but has not resulted in a lien before closing, and Buyer will pay all other amounts.”

Florida Statute, Title 1, Chapter 1 defines a public body as such (copy also attached):

“(8) The words “public body, “ “body politic,” or “political subdivision” include counties, cities, towns, villages, special road and bridge districts, bridge districts and all other districts in this state”

Does this apply to the CDD as well? It is a Community Development District and the debt service was ratified, certified and confirmed in 2003. The operation and maintance portion could not be ratified, as it can change from year to year.

With that being said, I filed a claim with our title insurance company. They did send me a check for that amount that was pro rated and credit given to the seller at closing. But they are saying that they reimbursed me for "good customer relations". After I demand that the pay the total debt service portion of the CDD, they basically told me to provide proof that they made an error.....

Since purchasing our home, I became a licensed real estate agent, and quite frankly feel that the debt service is a special assessment and should have be paid for by the seller prior to closing, and as per the contract.

HELP!!

[HomeGuru]

Originally Posted by serpil714

What is the name of your state? Florida

I purchased my home 3 years ago, below, is a portion of the sales contract:

“(e) Special Assessment by Public Body: Regarding special assessment imposed by a public body, Seller will pay (i) the full amount of liens that are certified, confirmed and ratified before closing and (ii) the amount of the last estimate of the assessment if an improvement is, substantially completed as of Effective Date but has not resulted in a lien before closing, and Buyer will pay all other amounts.”

Florida Statute, Title 1, Chapter 1 defines a public body as such (copy also attached):

“(8) The words “public body, “ “body politic,” or “political subdivision” include counties, cities, towns, villages, special road and bridge districts, bridge districts and all other districts in this state”

Does this apply to the CDD as well? It is a Community Development District and the debt service was ratified, certified and confirmed in 2003. The operation and maintance portion could not be ratified, as it can change from year to year.

With that being said, I filed a claim with our title insurance company. They did send me a check for that amount that was pro rated and credit given to the seller at closing. But they are saying that they reimbursed me for "good customer relations". After I demand that the pay the total debt service portion of the CDD, they basically told me to provide proof that they made an error.....

Since purchasing our home, I became a licensed real estate agent, and quite frankly feel that the debt service is a special assessment and should have be paid for by the seller prior to closing, and as per the contract.

HELP!!

**A: and what did your principal broker tell you about thius although not related to your job.

[serpil714]

We were told by our agent that there was a CDD which was collected yearly along with the real estate taxes. No dollar amount was EVER mentioned by the agent, and most importantly the title company. There were no disclosures other than the fact that there was an HOA and a MASTER ASSOC. These figures were provided. There was mention somewhere within the paperwork, that there was a CDD, but no dollar amount was specified or disclosed.