Homeowner is ready to protest to HCAD about taxes
Q: I’m presenting a protest to HCAD. I’m taking copies of five or six homes that are similar in number of beds, baths, garage, building square feet and lot size that are in my neighborhood showing the last three years of appraised values. Please tell me your opinion and ideas on what else to do.
A: It sounds like you’re set to go. There are two basic protest topics: fair market value and unequal assessment. You’re set on market value. Compare other taxes in the neighborhood to yours and see if you’re paying more taxes than your neighbors. Q: I contracted to buy a parcel of land in Tyler. I live out of state. I utilized the services of a buyer’s broker. I just discovered that the broker bought the tract. He paid $27,000 less than I was offering, and is now offering it to me for an immediate profit. What do I do now?
A: A real estate broker is supposed to put the principal’s interest above that of his own. He should have given you the benefit of the lower price. Put your documentation in order and file a complaint with the Texas Real Estate Commission. You can go on line to the TREC web site and they will walk you through it. In the meantime, go to the State Bar of Texas website and find the name of a board-certified civil litigator in Tyler, go interview them, and pursue a suit against the broker. This person needs to be taken out of business altogether.
Q: I’m replacing a fence that the prior owner built on my property. The neighbor ran over to stop me because I was destroying his privacy and putting his pets in danger and opening up his tract to the public. This is my fence. Why can’t I repair it?
A: You can repair it but you must respect the rights of your neighbor who may have come to rely on the mutual fence. Has he tied into your fence with one of his own? Does he have a pool? He may be just really concerned that you didn’t contact him before you tore the fence down. In other parts of the country, people think it is un-neighborly to have a fence. Texans love their fences.
Q: I’m a commercial real estate investor, owning several shop- ping centers and a few small office buildings that I have acquired over the years. I recently met a residential real estate broker at my church who would like to get listings on my properties and sell them. I like the guy, but don’t know if he’s had enough experience in commercial properties. Aren’t all brokers licensed the same way? He said so, but I have my doubts. These are my retirement income.
A: All brokers are licensed the same way, but would you hire a neurosurgeon to operate on your heart? They’re both doctors.
If you are ready to start selling your properties, interview commercial brokers and don’t be shy about asking about their experience in selling small commercial properties. The level of expertise in real estate varies a great deal.
Find the right person to assist you. Liking the guy at church isn’t always the best formula.
To send us a question visit and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.