PROPERTY TAX CONSULTING SERVICE TERMS
This Property Tax Consulting Service Agreement (“Agreement”) is between Kin Insurance, Inc. and its affiliates, with services performed by the consultant registered with the Texas Department of Licensing and Regulation as a Property Tax Consultant, Jesus Pena, TDLR Registration No. PTC-13553, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov. 16 Tex. Admin. Code §66.70(b) (“Consultant”) and the individual(s) indicated (“Client”), for the residential property(ies) address (“Property”) set forth on the Appointment of Agent for Property Tax Matters Form 50-162. Consultant and Client agree as follows:
1. APPOINTMENT AS AGENT. Client hereby appoints Consultant as Client's authorized agent for all purposes related to the protest and appeal of the ad valorem tax assessment of the Property for the tax year(s) indicated below, pursuant to Texas Tax Code §1.111. This appointment authorizes Consultant to: (a) File a notice of protest with the applicable Appraisal District on Client's behalf; (b) Represent Client in all proceedings before the Appraisal Review Board (ARB), including informal hearings and formal ARB hearings; (c) Negotiate and enter into informal agreements with the Appraisal District on Client's behalf; (d) Receive all notices, correspondence, orders, and communications from the Appraisal District and ARB related to the Property for the duration of this Agreement; and (e) Take all other actions permitted under Texas Tax Code §1.111 that are reasonably necessary to carry out the services described in this Agreement.
2. SCOPE OF SERVICES. Consultant agrees to perform the following property tax consulting services for the Property and tax year(s) identified below: (a) Analyze the Appraisal District's assessed value of the Property, including review of comparable sales data, equity analysis, and any applicable income or cost approach data; (b) Determine, in Consultant's professional judgment, whether reasonable grounds exist to pursue a protest; (c) File a timely notice of protest with the applicable Appraisal District if Consultant determines grounds exist; (d) Prepare and present evidence at informal settlement conferences and formal ARB hearings as necessary; (e) Notify Client of the outcome of all proceedings; and (f) Review Client's eligibility for applicable Texas property tax exemptions (e.g., homestead, over-65, disabled person, disabled veteran) and advise Client accordingly.
3. CLIENT ACKNOWLEDGEMENTS. Client specifically acknowledges that (a) Consultant is a registered property tax consultant, not a licensed attorney; (b) Consultant is not authorized to file suit in district court or pursue binding arbitration under Texas Tax Code Chap. 41A; and © this Agreement does not create an attorney-client relationship. Clients seeking legal advice should consult a licensed Texas attorney. Client specifically acknowledges that services do not include filing of exemption applications, nor does Consultant provide services for commercial properties. Client represents and warrants to Consultant that Client is the legal owner of the Property set forth below, and authorizes Consultant to perform services on Client’s behalf.
3. NO GUARANTEE OF OUTCOME. Consultant makes no representation or guarantee of a specific result. No conclusion regarding potential savings has been stated or implied prior to Consultant's analysis of the facts and circumstances pertaining to the Property, consistent with TDLR Rule §66.100(m), 16 Tex. Admin. Code §66.100(m).
4. FEES. All fees are on a contingency fee basis. If Consultant obtains a reduction in the assessed value of the Property, Client agrees to pay Consultant a fee equal to: 10% of the first year's property Tax Savings achieved. "Tax Savings" means the difference between (i) the taxes that would have been owed at the Appraisal District's original assessed value for the applicable tax year, and (ii) the taxes actually owed at the final assessed value following the protest, calculated using the applicable tax rate(s) in effect for that tax year. Savings attributable to exemption changes are excluded from this calculation unless otherwise agreed in writing. If no reduction in assessed value is obtained, no fee is owed by Client.
5. BILLING AND PAYMENTS. Consultant will invoice Client promptly following the final disposition of the protest. Payment is due within 30 days of invoice. Overdue balances accrue interest at the rate of 1.5% per month. Consultant will only invoice Client if services described herein were actually performed pursuant to TDLR Rule §66.100(h).
6. CLIENT OBLIGATIONS. Client agrees to: (a) Provide Consultant with accurate information about the Property, including any recent sales, construction, improvements, income and expense data (for income-producing property), and any notices received from the Appraisal District; (b) Promptly forward to Consultant any appraisal notices, ARB correspondence, or other communications received from any taxing authority regarding the Property; (c) Cooperate reasonably with Consultant's requests for information and documentation necessary to pursue the protest; (d) Notify Consultant promptly of any sale, transfer, or change in use of the Property; and (e) Pay all fees owed under this Agreement accordance with the payment terms stated therein.
7. TERM. This Agreement is effective upon execution by Client and continues through the final disposition of the protest(s) for the tax year(s) identified, unless earlier terminated as provided herein. If Client has elected Annual Monitoring, this Agreement renews automatically each tax year unless either party provides written notice of cancellation at least 30 days before the applicable protest filing deadline. Consultant will provide Client with written notice of renewal no later than 60 days before the protest deadline each year. Client may terminate this Agreement at any time upon written notice to Consultant. If termination occurs after Consultant has filed a notice of protest or performed substantive work in a given tax year, Client remains responsible for the contingency fee if a reduction is subsequently obtained in that year's protest, whether by Consultant or otherwise. Consultant may withdraw from representation upon written notice to Client if Client fails to cooperate, provides materially false information, or if Consultant determines in good faith that no reasonable grounds for protest exist.
8. CONFIDENTIALITY AND RETENTION OF RECORDS. Consultant agrees to maintain the confidentiality of all non-public information provided by Client in connection with this Agreement and will not disclose such information to any third party without Client's prior written consent, except as required by law or by order of a court or governmental authority, pursuant to TDLR Rule §66.100(k). Consultant will maintain records related to this engagement for a minimum of three (3) years following the conclusion of services, consistent with 16 Tex. Admin. Code §66.71(b).
9. ADDITIONAL LEGAL PROCEEDINGS. Consultant is not authorized under this Agreement to initiate suit in district court or to demand binding arbitration under Texas Tax Code Chapter 41A on Client's behalf. If, following an ARB ruling, Client wishes to pursue further appeal, Consultant will inform Client of available options.
10. ADDITIONAL TERMS. This Agreement is governed by the laws of the State of Texas. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior discussions, representations, or understandings, whether oral or written. This Agreement may not be amended except by a written instrument signed by both parties. Any provision of this Agreement is held invalid or unenforceable, the remaining provisions continue in full force and effect. All notices under this Agreement shall be in writing and delivered by email, first-class mail, or hand delivery to the addresses set forth below.
11. REGULATORY DISCLOSURE AND COMPLAINTS. In Texas, Property Tax Consultants are regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov. Complaints regarding this Consultant may be directed to TDLR at the address above. TDLR registration status may be verified at tdlr.texas.gov. You also have a right to file a Complaint. If you have a concern about the property tax consulting services you received from Kin Insurance, Inc., you may contact us directly at Kin Insurance, Inc., 222 Merchandise Mart Plaza, Suite 910, Chicago, IL 60654, 214-216-6542, propertytax@kin.com. You may also file a Complaint with Texas Department of Licensing and Regulation P.O. Box 12157, Austin, Texas 78711 Phone: 1-800-803-9202 | 512-463-6599 Online: www.tdlr.texas.gov/complaints Email: intake-complaints@tdlr.texas.gov
12. CONTACT. I agree to be contacted by Consultant through telephone, email, and/or SMS text message, including through the use of autodialers even where my telephone number appears on a state or federal Do Not Call registry.