I purchased my condo for $249,000 on April 5, 2013 according to this Notice of Assessment when they assessed the property on 2012, they assessed it at a lower amount even though the property at the time was on the market for $250,000. I would like to appeal this decision based on the fact of error due to the County Assessors Office.
I purchased the property on April 5, 2013 and I had recently received the Notice Of Assessment on October 24, 2013
Thank you for your follow-up. The strongest appeal point here is when and how the assessment was calculated. Since the assessment was in error from the state, you can state that your purchase of the property was directly contingent and based on the tax assessment value and fee. Any changes to the assessment end up affecting the basis under which you pursued the purchase of this property and since the error was based on the agency itself and not on you or the seller, you are seeking that the agency honor the past assessment as stated. Second point is timing--since you did not own the property in 2012 when the error was made, you are not responsible for the error and the additional fees. That is a very strong argument since it almost appears as if they are attempting to retroactively attach new fees that were not disclosed or provided to you. Third argument is based on detrimental reliance--since you relied on the numbers to your detriment when provided, the state is likewise estopped from making changes as this was initially their error in the first place.
Hope that helps!
I have another question regarding the appeal. Is it true that I cannot appeal the supplemental assessment if the Condo was a Short-Sale
That is not true as the issues are somewhat separate. When you purchase via a short-sale, the lender agrees to take a hit on the property but if they provide you with good title, they still make the same assurances as any other sale. My answer may differ if the property was purchased at auction, but not if it was purchased via a short-sale.
Hope that clarifies.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).