Legal Question in Real Estate Law in Illinois

I've got a model home that is not occupied and is still in the market. During the 2016 tax cycle I've challenged the assessment and filed a formal complaint. They had me go in front of a 3 member board for the re-assessment. During the re-assessment in March of 2016, I've specifically told them that this house is vacant and would I be qualified for the "model home exemption". The board members declined the request.

Recently found out that this was a state wide exemption and we need to be applying for it before Dec, 31 of the tax year. County assessor informs me that, it is too late for 2016 but, we could apply for 2017. Now that 2016 is over how can I appeal the exemption prior to sending out the 2016 tax bills.

What else can I do to re-instate the model home exemption for 2016. Any input is greatly appreciated.


Asked on 1/09/17, 7:29 pm

1 Answer from Attorneys

First, hire a property tax attorney in your area, they should know this cold. Per statute, if you didn't file for the model home exemption by 12/31 of the tax year, you "waived" your right to it for that tax year. (35 ILCS 200 10/25). And if you're a developer/builder you should have known that and/or had a property tax attorney you worked with on those things. But your facts are a bit "squishy" - you seem to say you did not apply but said you could have and then say the board declined the request and now it's too late and you're blaming them for . . . what? not telling you to do something you should have known and could have done? Or blaming them for something you didn't apply for and so they couldn't act on anyhow? So I don't get it. 2017 should not be an issue, however. But if you talk to a property tax attorney maybe he or she could discuss with you the possibility of a "certificate of error" - you'd still have to prove something was erroneous in the assessment process, and you still can't blame the board for not acting on something that was not in front of them in accordance with law.

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Answered on 1/09/17, 8:20 pm


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