The Avillas are purchasing a home and are planning on installing solar panels. The listing in the MLS stated that there will be a special assessment for new power lines in the neighborhood. The Avillas don't want to pay for the special assessment, do they have to?

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The correct answer indicates that the Avillas will be responsible for paying the special assessment associated with the new power lines unless the sellers agree to assume that responsibility. Special assessments are generally levied by local government or municipalities for improvements that benefit the property, such as new power lines. Once an assessment is placed on a property, it typically attaches to the property itself and not the owner.

Therefore, when the Avillas purchase the home, they inherit any existing special assessments. This means that simply deciding not to pay is not an option, as the assessment is a legal obligation associated with the property. They would need to negotiate with the sellers if they wish to have the sellers cover this cost, but without such an agreement, they are responsible for the assessment.

The other options either suggest rights to refuse payment, overly optimistic negotiation outcomes without the sellers’ agreement, or misinterpret disclosure timings which do not affect the responsibility to pay an established special assessment once it is part of the property’s records.

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