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Property Tax Bills Across Metro Atlanta are in the Mail

Here’s what you need to know now.

It’s that time of year again. Property tax bills across metro Atlanta are in the mail. With an appeal filed for your property, you may notice that the 2018 property tax bill received at this time is a labeled as a “temporary” bill. The taxes due on this temporary bill are based on 85% of this year’s proposed Total Value or the Total Value of the previous tax year, whichever amount is less.

Please note that while under appeal temporary tax bills should be paid by the regular payment deadline. This year’s deadlines are as follows:

County Taxes

Cobb County:
Due 10/15/18

DeKalb County:
1st installment due 10/1/18
2nd installment due 11/15/18

Fulton County:
Due 10/31/18

City Taxes

City of Alpharetta
Due 12/1/18

City of Atlanta:
Due 10/15/18

City of Decatur:
1st installment was due 6/1/18
2nd installment due 12/20/18

City of Sandy Springs:
Due 10/31/18

If you do not see your city on the above list or if you have other questions regarding the property tax bill, please contact Jacoby Elrod at 678-420-4394 or Evans Hale at 404-924-7040.

Note: If you do not receive your property tax bill in the mail, you may contact your County Tax Commissioner’s office by phone or visit their website.

Cobb Tax Commissioner:
Phone: 770-528-8600
Website: https://www.cobbtax.org/

DeKalb Tax Commissioner
Phone: 404-298-4000
Website: https://www.dekalbcountyga.gov/taxcommissioner

Fulton Tax Commissioner:
Phone: 404-613-6100
Website: https://www.fultoncountytaxes.org/

Changes to Seller and Buyer Remedies Upon Breach of Contract

Effective as of August, the GAR Purchase and Sale Agreement provides revised remedies to Sellers and Buyers upon breach of contract.

2. Default

a. Remedies of Seller: In the event this Agreement fails to close due to the default of Buyer, Seller’s sole remedy shall be to retain the earnest money as full liquidated damages. Seller expressly waives any right to assert a claim for specific performance. The parties expressly agree that the earnest money is a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain. The parties expressly intend for the earnest money to serve as liquidated damages and not as a penalty.

b. Remedies of Buyer: In the event this Agreement fails to close due to the default of Seller, Buyer may either seek the specific performance of this Agreement or terminate this Agreement upon notice to Seller and holder, in which case all earnest money deposits and other payments Buyer has paid towards the purchase of the Property shall be returned to Buyer following the procedures set forth elsewhere herein.

What Changes for a Seller?

With this new change, Seller’s sole remedy for a Buyer’s breach is to accept the Earnest Money as full liquidated damages. Prior to this change, the Seller had the right to pursue “any lawful remedy” such as suing the breaching Buyer for specific performance and/or the losses Seller incurred, which could include the difference between what they could have sold the home for to the Buyer versus another person, Seller’s legal fees, Seller’s additional moving expenses, Seller’s rent, etc. However, in most cases when a Buyer breached the contract, the Seller would accept the Earnest Money and move on, selling the home to another buyer.

Sellers will ask for more in Earnest Money as a result of this change!

What Changes for a Buyer?

Buyer’s remedy for Seller’s default shall be 1) to sue for specific performance or 2) terminate the contract with the return of Earnest Money. In the past, the Buyer could seek all lawful remedies which could have included consequential damages, attorney’s fees, extra moving expenses, rent during holdover, etc.

Fulton County Property Tax Bills are Out

This week, Fulton County began to mail temporary tax bills for the 2018 tax year.

These bills may be found online at www.fultoncountytaxes.org. The Fulton County bill must be paid no later than October 31, 2018. If the property is located in the City of Atlanta, that portion is due no later than October 15, 2018. If the property is located in a city, check with your city to determine if an additional amount is due.

Tax bills are mailed to the owner of record as of January 1, 2018.

If a property has been sold in 2018, the seller is the likely recipient of this year’s bill and may forward it to the new buyer. It is the current property owner’s obligation to seek out the tax bill(s). You may find your Fulton County tax bill at the link provided above.

Note about funds prorated at closing:

  • At closing, the seller gives the buyer the seller’s share of taxes for this year based upon an estimate.
  • This means that the buyer is responsible for paying the full amount of the tax bill for this year.
  • Most contracts provide that either party may request from the other an adjustment if the tax bill estimate varies from the actual tax bill. Upon requests, we are happy to recalculate the pro-ration amounts between the parties.

Note about Escrow Accounts:

  • If the buyer has a mortgage on the property, it is important to know whether or not it has an escrow account.
  • If so, the escrow account should pay the tax bill automatically.
  • If there is not an escrow account, the buyer will need to obtain a copy of the tax bill at the link provided above and pay it in full.

It’s That Time of Year Again

It’s that time of year again…

Property Tax Notice of Assessments are now out in many counties.

Here’s what you need to know:

  • The county tax assessor states a property value on which they will calculate the property tax for the calendar year in the Notice of Assessment.
  • The Notice of Assessment is sent to the owner of record as of January 1 in that tax year.
  • If the property has been sold, either the seller who owned the property as of January or the buyer who currently owns the property may appeal.
  • You do not have to wait to receive the mailed Notice of Assessment – you can look it up at the county tax assessors web site (see links below).
  • No taxes are due at this time, 2018 tax bills will be sent out later this year but your time to object to the value is now – you cannot wait until the bill comes out!
  • All appeals must be filed within 45 days from the date of the Notice of Assessment.
  • If a home’s FMV is higher than expected, we encourage the owner of record to consider an appeal.
  • The assessment notice provides specific instructions on what you must do to appeal.
  • Owners may represent themselves or hire someone to represent them.

Campbell & Brannon’s Property Tax Division can help with your appeal.

For assistance, contact appeals@campbellandbrannon.com or contact one of our property tax consultants directly:

Jacoby Elrod
jelrod@campbellandbrannon.com
404-420-4394

Evans Hale
ehale@campbellandbrannon.com
404-924-7040

Cherokee County Tax Assessors Website

Cobb County Tax Assessors Website

Dekalb County Tax Assessors Website

Forsyth County Tax Assessors Website

Fulton County Tax Assessors Website

Gwinnett County Tax Assessors Website

Don’t Forget…

To file your Homestead Exemption!

If on January 1, 2018, you occupied your home as your principal place of residence, you may be entitled to property tax exemptions including Homestead and Senior exemptions. These exemptions could lower your real estate tax bill if you meet certain requirements. Click here for general information on the Homestead exemption for each metro county.

Please contact your local county tax assessor’s office for eligibility requirements and information regarding how to file for your exemption(s).

The official statewide deadline to file for property tax exemptions is April 1, 2018. This year, April 1st falls on a Sunday, so don’t wait! Be sure to file for your property tax exemptions prior to March 30, 2018.

Our Woodstock Office is Now Open!

Campbell & Brannon is pleased to announce the opening of our newest location in Woodstock. The Woodstock office will bring to the area the highest level of service for residential closings you’ve come to expect from our other locations.

We are conveniently located at 8744 Main Street in the heart of downtown Woodstock.

Attorney Jimmy Moore will manage the office, bringing his experienced, hands-on approach to all closings. Jimmy, his wife, Heather, and their three children have been Woodstock residents for over twelve years. Stop in and say hello to Jimmy and the C & B team!

Tax Update

It looks like the Fulton tax bills will be delayed again. The Georgia Department of Revenue has rejected the tax digest and is not allowing for collection of 2017 taxes.

Here is a link to a letter from the State to Fulton County.

http://www.ajc.com/news/local-govt–politics/fulton-county-tax-digest-rejected-state-bills-will-delayed/nj3PmLS63K3CNvkko9j9PO/

We will let everyone know when we know more.

Fulton County Temporary Property Tax Bills are Out

This week, Fulton County began to issue temporary tax bills for the 2017 tax year. The temporary tax bills must be paid no later than:
– January 15, 2018 for Fulton County
– December 31, 2017 for the City of Atlanta

Remember that tax bills are mailed to the owner of record as of January 1, 2017. It is your obligation to seek out the tax bill if you do not receive one. They can be found online at www.fultoncountytaxes.org.

Urgent – Appeal Window Ending Soon

The revised 2017 Notice of Assessments were issued in August with an appeal deadline date of September 18th.

The Assessments were to have been rolled back to 2016 values but we are seeing many were not. Please check your assessment to see if your revised value is correct.

If we have not spoken regarding the revised assessment then presently I do not have an active appeal for you. Fulton voided all original appeals in July.

If you want to re-appeal the new value please drop me a line confirming and I will activate the old file. If you are happy with the new value and do not want to appeal, no action is necessary.

For more assistance please e-mail me at ehale@campbellandbrannon.com or call 404-924-7040