Legal Question in Real Estate Law in Texas

Homestead Exemption Error

I built my primary residence in 1990, and claimed the homestead exemption. In 1994, the Tarrant Appraisal District made an error and changed the property owner to ''Benbrook Winchester LP'' (name of the limited partnership that developed our community). As a result, the homestead exemption was dropped. I just discovered the error in 2006. I contacted the TAD and they corrected the mistake. Am I entitled to a refund of ''missed'' homestead exemptions? (I can prove that I had the exemption prior to 1994.)


Asked on 10/28/06, 12:55 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Homestead Exemption Error

They will probably refund for the previous year, but may not provide a refund prior to that. Government entities are protected by soverign immunity so, although it doesn't seem right, you may not win if you sue them should they refuse to refund the excess tax charged due to the error. I would certainly ask for the refund - they may surprise you.

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Answered on 10/28/06, 5:01 pm


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