fraud
ethics

I guess the OP should just eat the $4k
right?

I am sending a letter (and emailing) directly to the seller today with everything laid out. Hoping for an amicable resolution.

Ag13 said:

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I am sending a letter (and emailing) directly to the seller today with everything laid out. Hoping for an amicable resolution.

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Hopefully, the seller being an attorney will help as he almost certainly should understand the issue. It's an open and shut case in your favor if you wanted to pursue it. This does happen from time to time and Seller is at fault for doubling up on tax exemptions (although maybe unknowingly).

Not sure about the folks telling you it was realtor, title company, or mortgage company's fault or responsibility to "catch" this. This is not something that any of those would have been able to anticipate and this is why both the TREC contract and the tax proration agreement that title company has you and Seller sign deal with this exact issue requiring Buyer and Seller to settle up when taxes come due.

Realtor and title company may be able to put you in touch with the seller, but neither can represent you or act on your behalf. You have a contractual right to have this issue addressed.

Ag13 said:

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Just to close the loop on this - It ended up being amicable. Seller is sending me a check for the amount requested. Thanks for the feedback in this thread.

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I've been lurking on this thread, and that is a fantastic result! So glad your seller did the right thing!

That leaves me to wonder, though, when you move to a new house but haven't yet sold your old one, do you actually have to request a "transfer" of your HE? Or do you just file a request for HE on your new residence and let the CAD office sort it out?

Because of the seller was living in the new residence, then claiming HE on it would be the right thing to do. If removing the old HE is up to the CAD to figure out, then the onus should be on them to get that done ASAP. If they don't, then they should have no claim to the differential (a perfect world, I know...).

I believe if you are over 65 you will likely want to request the transfer because you usually need to move your ISD or other tax ceiling over to the new house (theres a math formula they calculate for you to get what your new ceiling amount is and a certificate they issue you)

TXTransplant said:

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Ag13 said:

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Just to close the loop on this - It ended up being amicable. Seller is sending me a check for the amount requested. Thanks for the feedback in this thread.

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I've been lurking on this thread, and that is a fantastic result! So glad your seller did the right thing!

That leaves me to wonder, though, when you move to a new house but haven't yet sold your old one, do you actually have to request a "transfer" of your HE? Or do you just file a request for HE on your new residence and let the CAD office sort it out?

Because of the seller was living in the new residence, then claiming HE on it would be the right thing to do. If removing the old HE is up to the CAD to figure out, then the onus should be on them to get that done ASAP. If they don't, then they should have no claim to the differential (a perfect world, I know...).

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It is not up to the CAD to figure out. When you request a homestead exemption, the form asks if you currently have it on another residence and informs you that you can only have it on one. Yes, they will eventually figure it out and cause headaches like what happened here.

Martin Q. Blank said:

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TXTransplant said:

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Ag13 said:

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Just to close the loop on this - It ended up being amicable. Seller is sending me a check for the amount requested. Thanks for the feedback in this thread.

---

I've been lurking on this thread, and that is a fantastic result! So glad your seller did the right thing!

That leaves me to wonder, though, when you move to a new house but haven't yet sold your old one, do you actually have to request a "transfer" of your HE? Or do you just file a request for HE on your new residence and let the CAD office sort it out?

Because of the seller was living in the new residence, then claiming HE on it would be the right thing to do. If removing the old HE is up to the CAD to figure out, then the onus should be on them to get that done ASAP. If they don't, then they should have no claim to the differential (a perfect world, I know...).

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It is not up to the CAD to figure out. When you request a homestead exemption, the form asks if you currently have it on another residence and informs you that you can only have it on one. Yes, they will eventually figure it out and cause headaches like what happened here.

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Even if you check the box, I wonder how long it takes the CAD to update their system? There are houses in my 'hood that have had pools for at least 4 years, and HCAD still hasn't updated the record (Not the same thing, I realize - just pointing out how behind they are). They don't have any incentive to get anything right or do anything in a timely manner.

Usually takes a couple weeks for them to update the exemption on their website.

Ag13 said:

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Just to close the loop on this - It ended up being amicable. Seller is sending me a check for the amount requested. Thanks for the feedback in this thread.

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WOW and AMAZED. Kudos to the seller for doing the right thing.