What is the name of your state? Texas
On April 1, '04 I closed on a new home. Title company calculated tax liability by (rate*sale price*40%) since the home was only 40% complete on Jan 1. The builder paid the Jan-Mar taxes into my escrow and I was given a monthly payment into the escrow for the remainder of the tax liability.
When I recieved my January escrow statement I notice that taxes were paid in December well in excess of what was setup by the title company. After doing some research I come to find out that the county assessed the home at 100% value on Jan 1 '04 with an associated value greater (by 50%) than what I paid. The appraisal also showed gross errors in the home dimensions. I then found out that in July, a tax agent for the builder protested the appraisal. Evidently the tax agent only got the appriasal brought down to 25% more than I paid for the home. At no time was I notified of the hearing before the Appriasal Review Board or given notice of the result of the protest. Of course I never gave authorization to the tax agent to represent my property, which he did 3 months after home became mine.
Now the ARB says that the owner on Jan 1 has legal responsibility for the taxes in that year. Unfortunetly the tax code is vague in what responsibility the ARB has in notifying the new owner in any changes to the property's standing. Also who governs the responsibility of tax agents of previous property owners?
So what are my options? Do I go after the builder, tax agent, title company, or the ARB? I have already talked to one tax attorney and unfortunetly he wants $300/hr, which would wipe out the amount in dispute in less than 20 hours. Any help would be great.
Eric
On April 1, '04 I closed on a new home. Title company calculated tax liability by (rate*sale price*40%) since the home was only 40% complete on Jan 1. The builder paid the Jan-Mar taxes into my escrow and I was given a monthly payment into the escrow for the remainder of the tax liability.
When I recieved my January escrow statement I notice that taxes were paid in December well in excess of what was setup by the title company. After doing some research I come to find out that the county assessed the home at 100% value on Jan 1 '04 with an associated value greater (by 50%) than what I paid. The appraisal also showed gross errors in the home dimensions. I then found out that in July, a tax agent for the builder protested the appraisal. Evidently the tax agent only got the appriasal brought down to 25% more than I paid for the home. At no time was I notified of the hearing before the Appriasal Review Board or given notice of the result of the protest. Of course I never gave authorization to the tax agent to represent my property, which he did 3 months after home became mine.
Now the ARB says that the owner on Jan 1 has legal responsibility for the taxes in that year. Unfortunetly the tax code is vague in what responsibility the ARB has in notifying the new owner in any changes to the property's standing. Also who governs the responsibility of tax agents of previous property owners?
So what are my options? Do I go after the builder, tax agent, title company, or the ARB? I have already talked to one tax attorney and unfortunetly he wants $300/hr, which would wipe out the amount in dispute in less than 20 hours. Any help would be great.
Eric