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Preparing for Representation |
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What is representation? |
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In representation, unlike in arbitration,
the agent represents your side of the
negotiation. You could be represented by an
attorney, real estate agent or go it on your
own if you feel as though you have enough
knowledge and facts to back your position.
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What's the objective of
representation? |
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receive a fair, knowledgeable presentation or opinion when
confronting issues that are foreign to the person requesting
representation.
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Why use representation? |
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Representation can be a way to protect your interests in areas
where your experience is limited. With a professional
understanding your situation and using their experience to put
forth a unified well constructed presentation of the facts you
will have a better chance of producing a positive result. And
the fact that you went to the trouble to bring a knowledgeable
person with you speaks to the opposing side, in this case the
CAD, that you are not
someone who takes the matter lightly.
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Reasons to choose
representation? |
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Knowledge: Knowledge is power! When you go before the CAD
they will have several people including the
chief appraiser or their representative.
They will have all the documents to prove
their position. You need to be prepared as
well as they are |
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Professional: The CAD board is made up of citizens,
like you, that review your request. The more you look as if you
know what you are doing, have a better presentation, the more
likely they will decide in your favor. |
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Someone in your corner: It never hurts to have someone
at your side "in your corner" when faced with opposing forces. |
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Expert advice: If the CAD asks about how you came up with
comparative properties or something specific in the numbers,
condition of the property, the neighborhood or trends in the
neighborhood, you should be able to answer. Having a recognized
expert with your will deflect all those fiery arrows from the
board to make you look incompetent.
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Higher success rate on appeal:
By using an agent for whatever reason the success rate of having
the appeal accepted is much higher than self representation. |
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Selecting
the agent to represent you. |
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are items that should be considered when selecting an agent to
represent you in your tax appeal. Does he or she have the
experience to understand property values? Are they versed in the
methods of evaluating property values and know the process that
the CAD uses to appraise your property? Do they have a
history of representing clients in arbitration cases or property
value cases with appraisal districts? Do they have high
ethical standards? Are they available to properly
represent you? Can you communicate with them on your
issues? This means two way communication. At TREA we accomplish
all of these and more. [Back to Top] |
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Preparing your brief or
introduction for the CAD. |
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Preparing a brief written statement for the representation is
usually helpful. It can save time and money by given the
CAD an introduction to the dispute. This orientation will
enable the Review Board to identify and discuss issues
at the outset. By representing you, I will assist presenting
your case before the board. This introductory brief is not a
substitute for the evidence to be presented.
● Names of
the parties.
● Names of any
representatives. (Attorneys, Agents, etc.)
● Dates and description of events leading up to the arbitration
● Names of witnesses to be called and brief statement of their
expected testimony.
● Issues to be decided.
● Outcome, damages or award requested
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Submission of Documents
to the CAD. |
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your first appeal you will probably be asked to show up with all
the documentation to present your side of the dispute. At the
hearing the
parties should exchange documents they expect to use in the
presentation. You should also bring
an index to list the name of each document with a place to enter
the exhibit number and whether the document was admitted into
evidence. Be prepared to leave documents at the hearing. Notify
you representative any special requests for return of photos, tapes,
documents, etc. You should provide a self addressed envelope or
packet pre-paid for the return of such items or provide the name
of the messenger service you have selected.
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Selecting
Witnesses. |
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Even
in CAD appeal you are allowed to produce witnesses. When
considering what witnesses will be needed at the hearing,
remember that not all facts are necessarily disputed.
Concentrate on bringing to the arbitration only those witness
required to prove disputed facts.
For many issues it may be
possible to reach a stipulation or agreement that certain facts
are true.
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Preparing your argument. |
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After
the evidence is presented, you should present a closing argument
to summarized your position. Assemble the facts that support
your position and identify the facts which undermine the
position assented by the other party. The parties may agree on
whether the person who filed the action for arbitration will
have an opening and closing argument, with other party having
one opposition argument. Usually in CAD hearing you can have a
closing statement as to your position based on the evidence
presented. to
In preparing your argument, remember that it will
take more time to present orally than to read you notes!
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What are the rules for representation? |
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Unlike arbitration there are few rules when you go before the
CAD. Of course you want to be on time. Present your position in
a business like manner and be respectful of the process. They
will ask questions of your documentation, i.e. how did you
arrive at your figure, what trends are happening in the
neighborhood, the condition of your house. It is helpful if you
have good photos if there are maintenance issues or other issues
in the neighborhood that cause you concern.
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How is the decision made at the CAD? |
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The review board will take all the evidence that they have into
consideration, including their own appraiser. They will meet and
discuss the issues and how the appraiser arrived ad the value of
the property. Then they will issue their answer. You have 45
days from the postmarked date to file an arbitration appeal or
take the CAD to county court.
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Tarrant County Rules For
Hearing Procedures |
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Dallas Country Rules for
Hearing Procedures |
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Harris County Rules for Hearing Procedures |
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**Other counties do not have web sites with hearing procedures.
Check with us for how to appeal. |
