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July 13, 2020
Interim Tax Appeal - New Construction Purchase Fee Agreement
WE AGREE AS FOLLOWS
Property Owner/Client – hereinafter “Owner”
Donald J. Weiss, Esquire, PC and Donald J. Weiss, Esq. – hereinafter collectively “Weiss”
1. In consideration of the services rendered by Weiss, Owner agrees to pay a fee calculated as follows:
Weiss shall be paid a fee of either:
- Flat fee to handle the hearing to the Board: $350.00 new home / $500.00 renovation.No appeal to Court is included in this fee; or
- 35% of the first year’s tax savings. No appeal to Courtis included in this fee.
In the event that more than 3 other properties in the community appeal at the same time, the flat fee above will be reduced to $200.00, or if the contingency fee is elected, then the contingency fee will be reduced to 25%.Owner will pay all appraisers’ fees.Owner can select his own appraiser so long as the appraiser does the appraisal as instructed by Weiss. Otherwise, Owner will use the appraiser designated by Weiss, and negotiate and pay appraisers’ fee directly
2. In the event Weiss decides WITH YOUR APPROVAL to file an appeal beyond the Board of Assessment Appeals’ level and go to the Court ofCommon Pleas, Owner agrees to pay to Weiss all county filing fees & costs necessary to pursue Owner’s appeal to the Board or Court. The fee is: Chester County = $260;Delaware County = $340. Owner agrees to pay any additional filing fees charged by the County.
3. Owner hereby engages Weiss’s services and authorizes, empowers and appoints Weiss or its designated agent to execute on Owner’s behalf as Owner’s lawful attorney-in-fact, any and all documents necessary to institute and continue the process for appealing Owner’s property tax for this and subsequent years. Weiss is hereby authorized to institute a class action if, in its opinion, it is in the Owner’s best interest whereby Owner is a member or head of the class. Weiss shall be authorized to represent Owner in all aspects of the tax assessment appeal process and negotiate settlement of appeal on Owner’s behalf, including withdrawal of the appeal if Weiss decides it is in Owner’s best interest. Further, Weiss shall act as Owner’s legal representative to handle the property tax appeal for the Owner’s property(ies) listed below. Owner authorizes Weiss to negotiate, collect and endorse any applicable refunds provided that any sum received shall be deposited solely in Weiss’ Escrow Trust Account for disbursement to Weiss for its fees earned, with the balance to be disbursed to Owner. A copy of the authorization shall be sufficient authority to any taxing district. IN WITNESS WHEREOF, all parties hereto agree to be mutually bound hereby and have executed this Agreement asindicated below. Owner agrees that if Owner fails to pay Weiss’ fee, Weiss can enter judgment by confession against Owner for the full fee plus attorney collection fees, costs and interest at 18% per year.
4. Owner authorizes Weiss to pursue the filing of the annual tax appeal in the event that Weiss determines that a further reduction can be achieved and the fee will be the same so long as the reduction is more than the flat fee, in which event the fee will be no more than the savings.
By emailing this application form and fee agreement, I hereby agree that this email shall act as my signature to the fee agreement and I authorize Donald J. Weiss, to execute the application of my behalf and give him authority to execute the fee agreement and power of attorney as if I had signed that document.