Frequently Asked Questions
- I’m not satisfied with the Appraisal Review Board determination. What can I do?
- What is binding arbitration?
- Who can appeal through binding arbitration?
- You mentioned “arbitration fees.” What are those and how much are they?
- I don’t like the idea of binding arbitration. What are my other options?
I’m not satisfied with the Appraisal Review Board determination. What can I do?
You can file an appeal, either through binding arbitration or in district court. Please, contact me to discuss whether it is worth it, financially and otherwise. If I don’t think it will be in your best interest, I will let you know on the spot. If I think you have a case and it will be worth it financially, we can discuss your options further.
What is binding arbitration?
It is very much like a Property Tax Protest hearing, only the decision is binding. A Tarrant Appraisal District (TAD) appraiser, the property owner or agent, and a neutral arbitrator come together to determine the value of the property at a hearing. The arbitrator will evaluate the evidence and hear oral argument and testimony, then make a final determination as to the value.
This decision is binding and enforceable by law. It may only be appealed as provided in §171.088 of the Civil Practices and Remedies Code.
Who can appeal through binding arbitration?
Within 45 days of receiving your Appraisal Review Board (ARB) Order, you may make a request for binding arbitration and submit your arbitration fees if:
- the value at issue affects real property;
- there is a present ARB determination as to the value of the real property;
- the value of the real property does not exceed $5 million (unless it is a residential property with a valid homestead exemption on file);
- taxes, as assessed, have been paid timely; and
- there is no current lawsuit on the same matter filed in district court.
If any one of the above-mentioned situations are not true for your case, then you do not qualify to make a request for binding arbitration.
You mentioned “arbitration fees.” What are those and how much are they?
The fee depends on the Market Value of your property, and all but $50 is refundable to you if you win in binding arbitration. In order to win in binding arbitration, the arbitrator must determine the final value as being closer to your proposed value than TAD’s proposed value. The Comptroller of Public Accounts keeps the $50 to cover administrative costs.
I don’t like the idea of binding arbitration. What are my other options?
You can file your appeal in district court. Usually, this option is not financially worth it for residential cases once you take into account court fees and attorney fees, but in some cases it is worth it. Contact me if you think this is an option you would like to pursue.
If I decide to appeal, through binding arbitration or district court, what are your fees?
Fees are determined on a case-by-case basis, and depend entirely on the nature and complexity of the case and the level of expertise required to build and present the case. Contact me to discuss your case.
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This is not intended to be legal advice or a substitute for legal advice, nor is it intended to deter you from contacting the Firm with your questions. If you have questions, do not hesitate to reach out!