TITLE INSURANCE DOES NOT PROVIDE INSURANCE
The Seller represents that all payments due for water, sewer, sanitation and any special assessments have been paid or will be paid by the Seller immediately.
In the event of an error or oversight in the calculation of the water utility bill, the Seller warrants and represents as a condition to survive this closing, that any such utility account amounts shall be paid directly to the Buyers upon demand.
Both the Buyers and the Seller recognize that unpaid utility bills for both water and sewer service constitute an unrecorded lien upon the property herein sold and the parties recognize that LAWRENCE S. TOLCHINSKY, P.A., does not issue title insurance to cover and pay for such unrecorded liens, nor does the title company assume any responsibility for the correctness of figures given by either the Sellers or the subdivision furnishing said utility service and will further hold harmless LAWRENCE S. TOLCHINSKY, P.A., for any unpaid water bills which may attach to said property.
LAWRENCE S. TOLCHINSKY, P.A., does not represent that LAWRENCE S. TOLCHINSKY, P.A., has checked the water service to the aforesaid property.
If LAWRENCE S. TOLCHINSKY, P.A., has collected funds on the closing statement or escrowed funds for an unpaid water bill, the sum collected or escrowed is the extent of the closing agent’s liability.If money is escrowed for any paid water bill or lien, the closing agent will release the money to the Seller upon presentation of a paid receipt for a final bill from the utility company or a statement from the Buyers that the utility company has advised them there is nothing due.If the Buyers makes no demand for the escrowed money within 7 business days of the closing, the closing agent may refund the money to the Seller without contacting the Buyers. Any other sums due the Seller may be applied to pay an unpaid water bill or lien.
The Seller further acknowledges that unpaid water bills incurred by tenants or prior owners of the property could result in a lien on the property or denial of service to the purchaser herein and the Seller accepts full responsibility for payment of same.
The Buyers are solely responsible for sums due for water used after the date of closing unless there is a Buyer/Seller occupancy agreement executed to the contrary.
This document is a sample closing document related to a specific set of facts and circumstances and should not be used or relied upon for any Florida real estate closing. We recommend and urge you to consult with an experienced real estate lawyer for professional advice as each case is unique.