Seth D. Lubin, P.A. 2024 Property Tax Appeals Representation Terms and Conditions
1. Term and Representation. Initially, Seth D. Lubin, P.A. (“Attorney”) will represent Client for the Tax Year 2024.
1.1 Attorney will not be bound or expected to file a Petition, when applicable, if the administrative fees per folio are not received by us with the executed Authorization by the Petition Filing Deadlines as specified by any Florida county. Please check the property appraiser’s website in Client’s property’s county for individual petition filing deadlines.
1.2 If required by the Property Appraiser or VAB, Client authorizes us to identify Client as one of our clients.
2. Information. In order for us to perform the best job possible on Client’s behalf, we need to make sure that we have the proper information from Client. At various times, we may request information from Client about your property and we expect Client to be able to provide said information within 10 days or any request we make for these documents. Client is responsible for furnishing us the complete, correct, and current information needed to file a Petition. However, Attorney can not be responsible or liable for any errors in the information Client provides to us. We may, at our own expense, engage outside consultants and independent contractors to add to the analysis of your property, attend VAB hearings in Attorney’s place, or negotiate with Property Appraiser(s). Attorney will always supervise any consultants hired.
3. Fees. Your fee structure is broken down into two separate fees:
A. Administrative Fee – This fee is $50 per folio and includes negotiating with the Property Appraiser, the filing fee for your petition, initial research on your property and other expenses associated with our initial representation. This fee is non refundable, and will not be credited towards any fees owed to us under the contingency fee.
B. Contingency Fee: As compensation for representation by Attorney, Client agrees to pay us forty-five (45%) of any tax reductions or credits (“Savings”) Client receives based on the lowering of the assessed taxable values of the property listed above. This fee is paid regardless of the method used by Attorney to reduce said taxable values (e.g. negotiating with the property appraiser prior to any hearing). Savings can be realized in several ways, including, but not limited to: (i) if Client pays the taxes prior to a reduction in value, and the Client pays the tax personally (and not through escrow), Client should receive a check directly from the County for the overpayment; or (ii) if Client pays their property taxes via escrow, any Savings achieved will be sent to their escrow management company by the County; or (iii) if a reduction occurs prior to the Client’s payment of taxes, Client’s tax bill will reflect the lower valuation and not a refund check from the County. In the case of (i) above, the amount of the refund check sent to the Client’s mailing address listed on the BCPA.net website will be considered the Savings. In the case of (ii) above, the amount of the refund check sent to the Escrow servicing company will be considered the Savings. In the case of (iii) above, the Savings will be calculated by multiplying the subject property’s millage rate by the reduction in the value achieved by the Attorney.
4. Upon request, Attorney will provide either a Resolve Form signed by the Property Appraiser showing a reduction in the value for the applicable tax year, a reduction appearing in a final tax bill, a print-out of the property account page from the Broward Revenue Department showing the refund amount, or a copy of the Recommended Decision of the Special Magistrate of the Value Adjustment Board for the applicable tax year as a result of a Hearing. This proof will accompany our invoice to Client only upon request. However, Attorney is not responsible for any other notification or verification which may be sent to Client from time to time by VABs, Property Appraisers, or Tax Collectors, or any other government departments or agencies.
4.1 Payment of fees is due within 3 days of your receipt of our invoice or statement. If payment is not received by Attorney within ten (10) calendar days of the date of the invoice or statement, compounded interest of 1.5% per month or the full amount provided by law (whichever is greater) from the date of the invoice until paid also shall be payable to Attorney. If payment is not received by Attorney within 30 days of the invoice or statement date, Attorney shall be entitled to a minimum of 25% of the gross amount in the initial invoice sent to Client which shall be for any collection costs, and attorney, or court fees and costs incurred in collecting any fees due to Attorney whether or not suit is instituted.
This form is copyrighted by Seth D. Lubin, P.A., 2024, and may not be reproduced, copied, or used for any other purpose other than its intended use with Seth D. Lubin, P.A.
5. Jurisdiction and venue for any proceedings on this contract shall be in Broward County, Florida.
6. In the unlikely event that Attorney fees remain unpaid, Client grants to Attorney the right to an equitable lien on the property which is the subject matter hereof, including any proceeds of a refund or a reduction in assessed taxable value. The right to such equitable lien on the subject property or any tax refund secured shall be as security for payment of Attorney fees. Client authorizes Attorney to deduct from any recovery, by either order of the VAB, Master's Report, settlement or otherwise, the fees due Attorney prior to disbursement to Client.
7. This Authorization may not be cancelled for the year(s) in which Client engages Attorney. In the event (i) Client retains another tax consultant to represent Client either prior to or after Client retains Attorney, (ii) Client represents themselves, or (iii) Client decides it no longer wishes to pursue the appeal, Client will be responsible for paying Attorney, on demand, a minimum rate of $500 per hour, and a minimum of three (3) hours shall be due to Attorney, plus any costs incurred by Attorney in connection with this authorization. Nevertheless, Attorney may withdraw from this agreement at any time, if Attorney determines that your property is fairly assessed, or that additional efforts on Attorney part are not warranted. Further, Attorney shall have absolute discretion to not pursue or to withdraw the Petition at any stage of the proceedings without consultation of or notification to Client, or to accept limited reduction, compromise, or settle the Petition at any time.
Client understands that a reduction of property value may result in the Client’s loss of potential Portability. Client agrees to hold Attorney harmless in the event portability is lost or reduced as a result of this Petition. See LubinLawFirm.com/portability for more information in this matter.
8. Client acknowledges that appropriate relief might not be secured at the administrative level and that judicial relief might be required or recommended. If, in Attorney opinion, such judicial proceedings are warranted, Attorney shall so notify Client. This engagement is for the Administrative action only and does include representation in Circuit Court or otherwise. If Client wishes to engage Attorney for judicial matters, a separate agreement would need to be signed. Additionally, although it occurs only in rare cases, Client acknowledges that the County Property Appraiser may appeal to the Circuit Court the reduction obtained by Attorney.
9. Under Florida Law, property owners who file a Value Adjustment Board (VAB) appeal must have paid at least 75% of the assessed Ad Valorem taxes (taxes based on the assessed value of the property) and all of the Non-Ad Valorem Assessments that are for services such as Solid Waste and Fire, by March 31, 2025. Property owners who fail to make this 75% payment will result in the denial of their VAB petition. Since Attorney puts a great deal of work into each case, in the event Client fails to make the required payment after a VAB hearing has been held on the property, Client agrees to pay Attorney an amount equal to the amount to the fee that would have been due hereunder had the payment been made, or $1,000, whichever is greater.
10. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
You understand by signing the signature box on the online Lubin Law Firm 2024 - Property Tax Appeal Intake Form, all terms and conditions apply to you and all principals, partners, corporations, employees, heirs, personal representatives, agents, assigns, and/or successors in interest. The terms and conditions contained herein as well as those listed in the Privacy Policy (link at bottom of the page) constitute the entire Agreement which may not be modified except in writing and full execution by Client and Attorney.
This form is copyrighted by Seth D. Lubin, P.A., 2024, and may not be reproduced, copied, or used for any other purpose other than its intended use with Seth D. Lubin, P.A.