Editorial: Homebuyers’ responsibility

photo by: Journal-World Photo Illustration

Lawrence Journal-World Editorial

The recent debate over benefit districts to fund the reconstruction of Queens Road is a reminder of the importance of knowing what you sign.

The Lawrence City Commission recently approved two benefit districts that together will tax property owners in the districts’ boundaries to fund the $5.3 million cost of the road from Sixth Street to Eisenhower Drive and intersection improvements.

Commission approval came despite lobbying by homeowners against the districts. Many said they were unaware that they signed agreements when they bought their properties years ago indicating they would not protest the benefit districts.

“No, none of us knew that was in there,” said Kay Brada, president of the Westwood Hills Homeowners Association, of the no-protest agreement. “So should my real estate agent have told me that? Yes.”

The benefit districts are not unique. Seven such districts exist in Lawrence.

What is different about Queens Road is that the first no-protest agreements were created 18 years ago, long before anyone was aware when or if the Queens Road construction would occur. With rapid development of the area in recent years, the Queens Road project — and thus the benefit districts — is now desperately needed. Queens Road is largely unpaved and is woefully substandard given the growing number of residents who have moved into the new homes and apartment complexes adjacent to the road.

That the benefit districts came as a surprise to some homeowners is not in itself surprising. After all, many residents gloss over the documents they sign when closing on their homes.

“It’s a lot of paper, and a lot of it is kind of innocuous looking disclosures that say the lender can report your credit and the lender can get your insurance,” said Greg Haehl, director of commercial services for Kansas Secured Title. “So I certainly understand why people fade out when they try to read it.”

But the volume and nature of the documents are no excuse for homeowners not understanding what they are signing. That’s the purpose of closing: to go through the sales documents and raise questions before signing.

When the commission approved the benefit districts, Mayor Stuart Boley and Vice Mayor Lisa Larsen said they wanted to ensure those involved with home sales are more upfront about benefit districts going forward. But realistically, what more can and should the city do?

A home is often the single largest purchase most residents will ever make. And for many households, it is the greatest asset. But it falls to the buyer to research and understand all of the responsibilities that come with a home purchase, including the commitment to comply with taxes levied by benefit districts many years in the future.

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