Agreement for Appeal of Ad Valorem Tax Assessment

The undersigned person(s) (hereinafter called “Client”) retains Property Tax Advocate, LLC, (hereinafter called “Advocate”) to represent Client as an agent and advocate in the administrative appeal of Client’s Florida Ad Valorem property taxes.

Advocate shall, whenever possible, seek reductions in property valuation and/or exemptions and/or other remedies from the Property Appraiser or Value Adjustment Board for Client and the properties listed by Client in this agreement.  Advocate and Client agree that this agreement specifically excludes representation or other professional or legal services for any court action.  Further, Client states that he/she has been informed that Advocate is not a law firm and understands that Advocate does not engage in the practice of law.

This agreement shall cover the ad valorem tax year 2008 only.  Modification to this agreement may be done in writing only and shall be effective only if Advocate and Client both sign the modification(s).  This agreement may not be cancelled for the year in which Advocate is engaged by Client, except for cause.  If another consultant represents Client during the 2008 ad valorem tax year appeals process, or if Client represents himself/herself, then Client agrees to pay Advocate a minimum rate of $250 per hour, at a minimum of four (4) hours, plus any costs incurred, upon demand of Advocate.  If Advocate makes a professional determination that the subject property/properties is/are fairly assessed and/or additional efforts are not justified, then Advocate has absolute discretion to withdraw at any stage of the proceedings, accept a limited reduction in property assessed value, compromise, or settle the case at any time.  Any legal action arising from this Agreement shall be brought in Miami-Dade County, Florida, and the agreement shall be governed by Florida law.

Client understands that if a property assessment value reduction is not obtained from the Property Appraiser’s office and/or Value Adjustment Board, legal relief in the court system may be pursued at Client’s option.  Client also understands that the Property Appraiser may appeal any property assessed value reduction to the courts.

Client understands that there are no promises or warranties regarding a successful outcome of the property tax appeal or the length of time required to conclude a matter.  It is further understood by Client that any representations made by Advocate or company staff are opinion only.  Client is employing Advocate for its services and understands that no specific result is guaranteed. 

Advocate is not expected to file an appeal for Client if the fees per folio are not received by Advocate with the executed Agreement no later than five (5) business days before the Petition Filing Deadline as specified by the Florida county in which the property is located.  Further, Advocate shall not provide any individual or specific notice of any petition filing deadline to Client.  Advocate is not responsible or liable for any errors in folio number(s) and/or address(es) which may be rejected by any governmental entity.  Client is solely responsible for supplying complete, correct, and current information to Advocate for the appeal process.  Client agrees to honor Advocate’s request for information within ten (10) days of request.

Client agrees to pay Advocate an initial, non-refundable processing fee of sixty-four ($64.00) dollars per property folio number to cover the cost of the preliminary tax appeal analysis.  All other costs for comparable market analysis, preparation of presentation, hearing attendance, and other administrative overhead costs shall be absorbed by Advocate.  At the sole discretion of Advocate, outside consultants, independent contractors and experts may be retained to analyze Client’s property,assist in the Tax Appeal Agreement Initialsnegotiation process and/or attend hearings at Advocate’s expense.  Client further agrees to pay Advocate a contingent fee if there is a reduction in the property’s assessed value; the rate of the contingent fee shall be in part based on the property’s assessed value and will be calculated on a percentage of all tax savings achieved for the current tax year and/or prior tax year(s) that are a direct result of Advocate’s action(s).

The methodology used to calculate property tax savings shall be the same methodology used by the county in which the property is located.  Acceptable evidence of a reduction in the property’s assessed value includes, but is not limited to, the issuance of a reduced final tax bill, a letter of recommendation identifying a reduced assessed value, a “Finding Sheet” by a Special Magistrate identifying a reduced property assessed value, the issuance of a property tax refund or rebate for taxes already paid.    If there is no reduction in the assessed value of the subject property/properties, then there will be no additional fee or payment made to Advocate.

Payment of fees to Advocate is due ten (10) days from receipt of the invoice and is NOT dependent on Client’s receipt of refunded taxes or tax credit(s).  Payments received after ten (10) calendar dates of the date of the invoice shall be subject to a compounded interest of 1.5% per month from the date of the invoice until paid in full.  Delinquent payments of 30 calendar days or more shall be subject to a minimum 25% surcharge of the invoice gross amount to cover collection costs, attorney fees, court fees and costs incurred in collecting fees due to Advocate whether or not suit is brought.  

If Advocate’s fees remain outstanding, Client grants Advocate the right to have an equitable lien placed on the property/properties which is/are the subject of this Agreement, including proceeds of a refund or a reduction in the property’s assessed value.  The amount of the equitable lien on the subject property or and secured tax refund shall be considered as security for payment of Advocate fees and further authorize Advocate to deduct from any recovery from the Value Adjustment Board, Special Master’s report, settlement or other remedy, fees due to Advocate prior to disbursing funds to Client.

It is mutually agreed that a scanned or faxed copy of this agreement shall be considered an original. 

By signing this Agreement, Client understands and acknowledges that all terms are applicable to Client and all principals, partners, employees, heirs, personal representatives, agents, successors in interest and or assigns.

Property Tax Assessment Appeal Authorization

roperty Tax Advocate, LLC is authorized to evaluate, negotiate and/or contest our real and/or personal property tax assessment for the properties identified below before the Property Appraiser as well as the Value Adjustment Board.  A petition for a reduction in the assessed value of the property/properties listed below may be filed by Property Tax Advocate, LLC on my behalf.

By signing below, I state that I have authority to execute this agreement for the property/properties identified below and, where appropriate, have the legal standing to sign on behalf of the property owner(s) on title.