Machipongo, VA asked in Real Estate Law and Tax Law for Virginia

Q: Can a county increase real estate taxes based off MLS?

Our real estate taxes increased $214,000 for 2018 - a 45% levy change. We purchased a farm in 2017 that was tax assessed at $548,900 and they now have assessed it at $762,800. We purchased it for $735,000. Their justification was seeing the MLS and the pictures, so they knew of the improvements. They said that's required by VA law (to look at the MLS?). Also, these improvements were made in 2009, so why change the assessment now? Also, the house was for sale for 8 years, which means this information of the improvements has been out there for 8 years. Lastly, the improvements weren't anything crazy, no additions or anything like that. We plan to appeal but just want to know if this is legally sound. I didn't know you could assess a property from your couch.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: You'll have an uphill battle as to using the sales price for the re-appraisal. Many jurisdictions do exactly that, and the fact that you paid $735,000 is going to make it fairly difficult to argue that it isn't worth $735,000. You might have a better shot reversing the $762,800, but you need to review the details with an attorney familiar with this area of law, and you would probably do better with a lawyer in Northampton County who knows the local process.

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