Is New Home Owner Liable For Seller's Utility Bill?

Q: After closing on our first home in January, we recently received our first utility bill. It showed a previous balance due for the seller. Our real-estate agent and escrow representative say we're responsible for this bill. It seems impossible that buyers are responsible for seller's bills. What can we do?

A: What's happened to you isn't uncommon, says Cyndi Jacobson, president of the Escrow Association of Washington and manager of Principal Escrow in Edmonds.

What is common is that escrow agents aren't responsible for the transfer of utility bills. Ditto real-estate agents who leave these bills up to the principals involved.

Jacobson says the paperwork both buyers and sellers sign at closing typically makes it clear that the seller must pay any utility bills they incurred. Your best bet, Jacobson says, is to present the seller with the bill, and if that doesn't work head for small-claims court.

A new law taking effect Jan. 1 will require the seller to name, on the purchase-and-sale agreement, the utility companies serving the property. It will also require escrow companies to contact those utilities and request a final bill. But payment responsibility still will rest with the seller.

Q: Is it true that after the city of Seattle has issued a construction permit there's no way to change conditions on it? There are townhouses being built near me in a residential neighborhood, and the contractor has decided to work seven days a week. Is there no way this can be changed after a building permit has been issued?

A: There can be a complex answer to this, but the simple version is that building permits don't regulate hours of construction. The local city or county codes do. In Seattle, David George, of the Department of Construction and Land Use, says residential construction can start at 7 a.m. weekdays, and workers must be off the site at 10 p.m. Weekends and holidays construction can begin at 9 a.m. with a 10 p.m. finish. Code also specifies how loud construction equipment can be and when noise can exceed normal noise limits. If the workers near you are working outside of permissible hours, George says you can call him at 684-7843 and make a complaint.

If you want to pursue the outside possibility that construction hours on the sixplex are different, go to the land-use permit counter, first floor, Dexter Horton Building (710 Second Ave.), and ask to review the building's construction permit. That will tell you.

Q: You recently gave some tips on what to look for when buying a condominium. I noticed that most seemed applicable to the used-condo market. What should I think about if I'm considering a brand-new one?

A: Debra Bass of the Community Associations Institute says look at the reputation of the builder. "You want to make certain the builder has experience in setting up condo associations. Ask for names of other developments; talk with those unit owners. Ask questions like, `How well is the association running and did the builder live up to promises?' "

Bass says a good builder will know how to smoothly hand over control of the building to owners. "Preparation for transition begins with the initial planning of the project and carries through until unit owners are in complete control. Ask about the timetable for this phase-in. The developer should be able to identify activities in which you can become immediately involved and solicit participation."

And remember it's absolutely crucial you read over all the condominium's financial and legal documents beforehand. CAI is a nonprofit educational institute serving the needs of those living in condos.

Update: A recent column dealt with real-estate agent preparation. The Department of Licensing annually compiles, by real-estate training school, pass-fail rates for first-time sales agent candidates taking the state's licensing examination.

A copy of "School Performance for First-Time Salesperson Candidates" is available free by writing to Real Estate Program, Department of Licensing, PO Box 9015, Olympia, WA 98507.

Program manager Bob Mitchell stresses the importance of reading the report's introductory explanation in order to correctly understand the results. Further, he says some schools have questioned their scores. Potential students should contact individual schools if they have questions.

Home Forum answers readers' questions every Sunday in the Home/Real Estate section. Send your questions to Home Forum, Seattle Times, P.O. Box 70, Seattle, WA 98111, or call 464-8510 to leave questions on Home Forum's recorded line. The e-mail address is erho-new@seatimes.com. Sorry, no personal replies.