Help! Newbie Needs Advice on Clear Lake Property Protest

[mplanner]

We are new to the state having had bought a home in March, 2007 for $375K. The day we moved in, we found we had a house full of laminate and not wood as the real estate listing said. We feel that devalued our home by over $10K. We also were in an apt and had to get out by May 1st or pay $1500 in furniture storage fees which I would consider a duress. Only 6 homes had been on sale within the past year that were 4/3.5/3 with a pool so we bit the bullet and paid about $116 psf.

To make matters worse, HCAD's appraisal this year came in at $388K. We protested and listed house prices like ours (4/3.5/3 w/pool- same land sf, etc) coming in at $94-100 psf (which would make ours, at most, about $335K) as well as the laminate issue. I did not mention to them that since we bought our home, about 15 similar homes came on the market driving down the price. HCAD came back to settle with our sold price of $375K.

It is rather difficult for us to go from paying $625 per year in our other state for property taxes to $8K in TX.... However, most relavant, we just want to pay close to what we feel is the real value. Other than arming myself with all of the info above (3 copies each-and the demand letters to the listing realtor asking for the difference) is there anything we can do?

Any and all advice is so greatly appreciated for this newbie!

Edited July 13, 2008 by mplanner

[musicman]

even if you get your appraisal down 10k, your taxes aren't going to go down THAT much. make sure that you have a homestead exemption, which will provide some relief.

[sheeats]

Just out of curiosity, did you buy the house sight unseen? That's the only way I can think of that you wouldn't have realized prior to the sale that you'd bought a house full of Pergo instead of hardwoods.

Did the real estate agent have anything to say about this little oversight?

[jm1fd]

We are new to the state having had bought a home in March, 2007 for $375K. The day we moved in, we found we had a house full of laminate and not wood as the real estate listing said. We feel that devalued our home by over $10K. We also were in an apt and had to get out by May 1st or pay $1500 in furniture storage fees which I would consider a duress. Only 6 homes had been on sale within the past year that were 4/3.5/3 with a pool so we bit the bullet and paid about $116 psf.

To make matters worse, HCAD's appraisal this year came in at $388K. We protested and listed house prices like ours (4/3.5/3 w/pool- same land sf, etc) coming in at $94-100 psf as well as the laminate issue. I did not mention to them that since we bought our home, about 15 similar homes came on the market driving down the price. HCAD came back to settle with our sold price of $375K.

It is rather difficult for us to go from paying $625 per year in our other state for property taxes to $8K in TX.... However, most relavant, we just want to pay close to what we feel is the real value. Other than arming myself with all of the info above (3 copies each-and the demand letters to the listing realtor asking for the difference) is there anything we can do?

Any and all advice is so greatly appreciated for this newbie!

You're going to have a difficult time getting the value below your sales price unless several other houses which are 99% identical sold for less between when you bought yours, and January 1, 2008.

[TexasVines]

also as opposed to the property taxes in Texas....what type of state income tax did you pay where you are from...or did you move from one of the FEW other states with no state income tax

[mplanner]

Just out of curiosity, did you buy the house sight unseen? That's the only way I can think of that you wouldn't have realized prior to the sale that you'd bought a house full of Pergo instead of hardwoods.

Did the real estate agent have anything to say about this little oversight?

I thought I was fairly savvy until this incident. I had floors in my first home that sounded just like the laminate (they were floating) and in my second home I had wood floors that were the same color and type as the laminate was supposed to be. My agent told me a couple of time that she thought they were laminate but I told her they sounded and looked like other floors that I had, "Plus, the listing says 'wood'" I told her. She called the realtor who said that they were wood but did not have the type or who installed them. I had wanted to put wood treads up the stairs.

The day we closed and all of the rugs were removed, we saw the repeating pattern. We were devastated. Our agent called the listing agent who said, "Why are they so upset? It was an expensive floor. It didn't say 'real wood'." We didn't cancel the contract because we read the provisions of the DTPA which said we had a case. The listing agent gave us the type of laminate installed and installer the next day... it was laminate for sure.

We sent a letter but never heard back. Legal advice sought said that we may or may not prevail....is it worth an extensive lawsuit?

Stinks because every day we walk on the floor, we are reminded of what idiots we are. Oh well.....lesson learned. We are more humble because of it.....

[TexasVines]

I thought I was fairly savvy until this incident. I had floors in my first home that sounded just like the laminate (they were floating) and in my second home I had wood floors that were the same color and type as the laminate was supposed to be. My agent told me a couple of time that she thought they were laminate but I told her they sounded and looked like other floors that I had, "Plus, the listing says 'wood'" I told her. She called the realtor who said that they were wood but did not have the type or who installed them. I had wanted to put wood treads up the stairs.

The day we closed and all of the rugs were removed, we saw the repeating pattern. We were devastated. Our agent called the listing agent who said, "Why are they so upset? It was an expensive floor. It didn't say 'real wood'." We didn't cancel the contract because we read the provisions of the DTPA which said we had a case. The listing agent gave us the type of laminate installed and installer the next day... it was laminate for sure.

We sent a letter but never heard back. Legal advice sought said that we may or may not prevail....is it worth an extensive lawsuit?

Stinks because every day we walk on the floor, we are reminded of what idiots we are. Oh well.....lesson learned. We are more humble because of it.....

only if you enjoy spending time and money to lose it.....laminate (if made of wood) is still WOOD....even if it is not the type of wood you have already told the realtor you thought it was....your realtor told you she thought it was laminate and YOU CORRECTED HER....next case

and really is it that devastating to have laminate VS real wood....I would think very few newer houses even in that price range would not have laminate because of the cost and upkeep associated with real wood

Edited July 13, 2008 by TexasVines

[TheNiche]

We sent a letter but never heard back. Legal advice sought said that we may or may not prevail....is it worth an extensive lawsuit?

Stinks because every day we walk on the floor, we are reminded of what idiots we are. Oh well.....lesson learned. We are more humble because of it.....

Never, never, never listen to what the seller's agent tells you or rely upon what is shown on the listing. If something is important to you, always verify it yourself. And unfortunately this protest won't work for HCAD.

It is not worth taking it to court, but may be worth making a big stink out of to see if it'd be possible to settle for a smaller sum...or even a gift certificate to your favorite restaurant...whatever you can get.

Edited July 13, 2008 by TheNiche

[TexasVines]

Never, never, never listen to what the seller's agent tells you or rely upon what is shown on the listing. If something is important to you, always verify it yourself. And unfortunately this protest won't work for HCAD.

It is not worth taking it to court, but may be worth making a big stink out of to see if it'd be possible to settle for a smaller sum...or even a gift certificate to your favorite restaurant...whatever you can get.

yes because someone that lives in a 375K house in Houston where housing is inexpensive should spend their time and effort brow beating the people they bought their house from for a restaurant gift certificate because of THEIR MISTAKE....VS being happy that they are in a position to purchase what I am sure is a nice house for them and their family

the good news is you now live in Houston where the people you meet will not judge you based solely on if you have real hardwoods VS laminates

[BryanS]

Get ready to pay through the nose on property tax... We don't have a state income tax. You should run the numbers, and get back with us, as to whether you are being taxed more here, in TX vs. your prior location...

On the positive side... in terms of durability... nothing beats laminate. Sounds "fake" ... looks "fake" ... but it is miracle product if you have any pets with claws, heavy furniture, etc... I use it in rental properties.

[mplanner]

only if you enjoy spending time and money to lose it.....laminate (if made of wood) is still WOOD....even if it is not the type of wood you have already told the realtor you thought it was....your realtor told you she thought it was laminate and YOU CORRECTED HER....next case

and really is it that devastating to have laminate VS real wood....I would think very few newer houses even in that price range would not have laminate because of the cost and upkeep associated with real wood

The type of laminate installed did not have a shred of wood in it. None.

It was devastating to me because I love a wood floor just as I love a wool carpet. The natural wood grain/color is lovely and not a burden to keep up. I recognize I am the fool and I am living with it.

[TexasVines]

The type of laminate installed did not have a shred of wood in it. None.

It was devastating to me because I love a wood floor just as I love a wool carpet. The natural wood grain/color is lovely and not a burden to keep up. I recognize I am the fool and I am living with it.

really man don't be so hard on yourself....fool is an awful strong word for someone that can even purchase a house in that price range.....if they have zero wood in them then I guess you could go to South Texas and hope to get a plaintiffs jury and possibly win....but in the time and effort it took to pull that off you could probably earn enough to purchase real wood for your new home

you have a new home enjoy it and stop beating yourself up over something that was missed in a moment of haste....new job, new city, new house, new attitude

if you can afford your house (I assume you can) then life should be good for you and your flooring should be of ZERO concern.....get a dog, buy a boat, hit the lake and enjoy life....it is too short to concern yourself over flooring....unless you have shag or linoleum

Edited July 13, 2008 by TexasVines

[mplanner]

Get ready to pay through the nose on property tax... We don't have a state income tax. You should run the numbers, and get back with us, as to whether you are being taxed more here, in TX vs. your prior location...

On the positive side... in terms of durability... nothing beats laminate. Sounds "fake" ... looks "fake" ... but it is miracle product if you have any pets with claws, heavy furniture, etc... I use it in rental properties.

I am paying about $4,500K a year more here in taxes than my old location. I am not worried about it but it was a shock when I first moved here. Also a shock was the insurance that I pay....which is about $2K more annually plus a deductible of 1/2% vs. $250. However, I still choose to live here and I am overall....happy. I am thankful that we are able to make that choice.

[TheNiche]

yes because someone that lives in a 375K house in Houston where housing is inexpensive should spend their time and effort brow beating the people they bought their house from for a restaurant gift certificate because of THEIR MISTAKE....VS being happy that they are in a position to purchase what I am sure is a nice house for them and their family

the good news is you now live in Houston where the people you meet will not judge you based solely on if you have real hardwoods VS laminates

It is not for us to judge whether the person had bad taste; they were intentionally misled. That is a problem. The people that did it deserve to get the most severe browbeating allowed by law.

I have very peculiar personal tastes about housing myself that are incompatible with what I'd design for rental or resale. And if I had thought that I'd found what I wanted but it turned out that I'd been misled, then I'd be very rightly pissed off. And it would be insulting for someone to say that I got something better when in fact I wanted specifically what was promised.

FWIW, I prefer real wood flooring too, especially as they accumulate character...I might like laminate more if it didn't try (and fail) to look like something it isn't. We are in Houston (not Dallas), after all, where the people we meet will not judge us if our homes don't appear immaculate and sterile. ...no, actually we get a lot of new residents from out of state (and even from Dallas) and their geographic and cultural backgrounds are highly mixed. Snobs come with everybody else.

[missmsry]

I own two homes. One built in 1927 has real wood floors. They are a pain to take care of as I do my own cleaning. My other house, on the Laguna Madre has laminate and I love it. So easy to care for, damp mopping works great. So count your blessings.

Plus, the laminate looks nice, too. Not as great as the floors in my Houston house, but not bad for a home that will probably blow away in the next hurricane.

Edited July 13, 2008 by missmsry

[EastEnd Susan]

really man don't be so hard on yourself....fool is an awful strong word for someone that can even purchase a house in that price range.....if they have zero wood in them then I guess you could go to South Texas and hope to get a plaintiffs jury and possibly win....but in the time and effort it took to pull that off you could probably earn enough to purchase real wood for your new home

you have a new home enjoy it and stop beating yourself up over something that was missed in a moment of haste....new job, new city, new house, new attitude

if you can afford your house (I assume you can) then life should be good for you and your flooring should be of ZERO concern.....get a dog, buy a boat, hit the lake and enjoy life....it is too short to concern yourself over flooring....unless you have shag or linoleum

I agree totally with TexasVines. Throw a wool rug over it and get out there and enjoy life. Be happy you can afford a house payment like that in the first place.

[musicman]

I own two homes. One built in 1927 has real wood floors. They are a pain to take care of as I do my own cleaning.

what are you doing that makes them a pain to take care of?

[musicman]

I thought I was fairly savvy until this incident. I had floors in my first home that sounded just like the laminate (they were floating) and in my second home I had wood floors that were the same color and type as the laminate was supposed to be. My agent told me a couple of time that she thought they were laminate but I told her they sounded and looked like other floors that I had, "Plus, the listing says 'wood'" I told her. She called the realtor who said that they were wood but did not have the type or who installed them. I had wanted to put wood treads up the stairs.

The day we closed and all of the rugs were removed, we saw the repeating pattern. We were devastated.

take the listings with a grain of salt. i've seen some that are not accurate but yet the realtor will stand by them. as for the laminate, post a picture if you get a chance. it would be interesting to see what the laminate looks like. Edited July 13, 2008 by musicman

[RedScare]

what are you doing that makes them a pain to take care of?

My thoughts exactly.

To the OP, I understand not liking the laminates. I have owned both, and there is no comparison. However, laminate has value, as does wood. Complaining to the appraisal board about your tastes in flooring won't get you far. There are several threads about the ins and outs of tax protesting. Read them, make notes, and if you still have questions, post the questions on those threads. Having posted on those threads numerous times, I do not feel like repeating them here.

Good luck.