Small claims court assistance

Tom Smith said:
A prior person said I had no chance in small claims court.
Click to expand...

Not against the buyer.

Tom Smith said:
The only paperwork I have that talks about the taxes is the one form saying the buyer and seller will adjust it among themselves.
Click to expand...

That applies if the AMOUNT of the tax changes. The pro-ration was based on amount of the annual tax. That hasn't changed so there is nothing to adjust.

The only thing that changed was your obligation to pay it. That didn't change the amount of the tax.

It's the tax department that has your money. Maybe a small claims lawsuit against the tax department will create enough of a nuisance to get them to rethink the refund.
 
CORRECTION

Property Tax Payment Refunds

The refund that the OP receives should be automatic, but may take a little longer than the OP has allowed for. From the link above:

Late Granted Exemptions (Tax Code Sections 11.431, 11.438 and 11.439)
The Tax Code allows a chief appraiser to approve the following late exemption applications, which may result in a refund:

  • residence homesteads (Tax Code Section 11.431);
  • veteran's organization exemption (Tax Code Section 11.438); and
  • disabled veteran's exemption (Tax Code Section 11.439).


After approving a late exemption application, the chief appraiser notifies the collector for each taxing unit with jurisdiction to tax the property. Within 60 days, the collector must automatically refund the difference to the person who was the owner of the property on the date the tax was paid.
 
Zigner said:
That paperwork is ONLY stating what I told you before: That means that you agree to settle the matter between the buyer, seller and/or the lender without holding the settlement agent liable for any of it. It in no way states that the amount is to be split in any particular way.

You are free to avail yourself of court to try to remedy this matter, but your beef is NOT with the buyer, rather, it's with the taxing agency that should be sending a refund for the overpaid taxes. That is why you were told you have no case against the buyer.

Tell me...what did the buyer do wrong?
Click to expand...

The buyer is using my tax exemption. The taxes were paid by the closing and should have been refunded, but instead the tax authority just used them and the buyer went along with it. I am probably very unclear on it but the buyer is illegally using a tax exemption and the tax authority is being lazy(as most govt agencies are) and saying "oh well, you figure it out with the buyer".
 
Tom Smith said:
The buyer is using my tax exemption. The taxes were paid by the closing and should have been refunded, but instead the tax authority just used them and the buyer went along with it. I am probably very unclear on it but the buyer is illegally using a tax exemption and the tax authority is being lazy(as most govt agencies are) and saying "oh well, you figure it out with the buyer".
Click to expand...
The taxes that came from closing count as a payment that YOU made for the period of time that YOU owned the property. Since you later received an exemption that covers that period of time, you are entitled to a refund. You need to submit a claim form for the refund, as indicated in the link that was shared above. This has nothing to do with the buyer.

EDIT: The buyer is doing nothing illegal and you would be wise to avoid accusing the buyer of a crime.
 
The problem is it was jan 1-july 7. So for simplicity sake if the year is $5,000.00 that would be $2,500.00 paid at closing for jan1-july 7. The tax authority then billed the homeowner $2,500.00 total which they paid. The tax authority stated that there is no refund as it was not actually paid.

If the tax authority billed the full $5,000.00 and was paid they should refund me $2,500.00(in my opinion of course).

The problem is the buyer received $2,500 for the 1st 1/2 of the year which the tax authority billed zero for and which I gave to the buyer for the estimated taxes....
 
Tom Smith said:
The problem is it was jan 1-july 7. So for simplicity sake if the year is $5,000.00 that would be $2,500.00 paid at closing for jan1-july 7. The tax authority then billed the homeowner $2,500.00 total which they paid. The tax authority stated that there is no refund as it was not actually paid.

If the tax authority billed the full $5,000.00 and was paid they should refund me $2,500.00(in my opinion of course).

The problem is the buyer received $2,500 for the 1st 1/2 of the year which the tax authority billed zero for and which I gave to the buyer for the estimated taxes....
Click to expand...
This is getting pointless.

You have PROOF that you paid $2,500 that you were later retroactively exempted from paying. You are due a refund. Apply for the refund.
 
Tom Smith said:
I paid during closing, it never reached the tax authority.
Click to expand...
That is not what you said previously.
Contact the folks who handled the closing and ask them why they never paid the money to the taxing authority?
 
Zigner said:
That is not what you said previously.
Contact the folks who handled the closing and ask them why they never paid the money to the taxing authority?
Click to expand...

I did and they stated it was given to the buyer and of course the paper absolved them of any legal liability.
 
Tom Smith said:
I did and they stated it was given to the buyer and of course the paper absolved them of any legal liability.
Click to expand...
Ok, wow - now that we have the actual story, I can tell you that you may, in fact, have a case against the buyer.
 
Well, after planning this for a few months and posting I was SHOCKED that the buyer replied to my offer so thankfully I don't have to go to court.

I appreciate all the input!
 

Share this page

Get a free case review from a lawyer
Back
Top