Am I a blue monkey with a tie or is this Texas law insane?

Am I a blue monkey with a tie or is this Texas law insane?

Member since 2018 · 28 posts · 9 votes

Hello Friends,

I think I'm going mad. Right as soon as I cast off my habitual analysis paralysis, I've turned around to see it's bit me right square on my sitter. You see, I've recently found that proverbial needle in a haystack we are all frantically searching for. I just didn't look up for see it was the haystack that was rotten.

Rewind to early February and I've just closed on a gorgeous little fixer-upper in Seguin, TX (Near San Antonio) with a low down, owner-occupied loan. I purchased Chief Architect and meticulously measured every nook and cranny to render a perfectly digitized version of my new home and edited that copy to visualize what the home would become (opened up walls and added a bedroom).

Being my first BRRRR deal, I was eager to get my hands dirty in order to stay relatively on budget. Minor framing, drywall, painting, tilework and finishing were all in my wheelhouse, but I knew better than to gamble on the trades and called out subs to quote me on electrical, plumbing and HVAC. The problem came when it was time to be a good little investor and pull my permits.

After several calls back and forth with the city, I discover that Seguin has a homeowner's affidavit that states I can do the work myself! Woohoo! All I need is to do is sign the form (check), have an I.D. with the fixer-uppers address (check) and to register the home as my homestead (check?). I recalled the realtor saying something at closing about the homestead exemption, but what was it again? Next task was to call the county to get some answers; spoiler: the least helpful people on the planet.

*ring ring*
"Hello, Guadalupe county, how can I help you?"

"Hi there, I just bought a home in Seguin a couple weeks ago and wanted to inquire about the Homestead Exemption."

"We're not taking applications til October, is there anything else I can help you with?"

"I'm sorry, I'm a new homeowner. What do you mean application?"

"You have to apply for 2021 in October. You needed to be in the home by January 1st to get it for 2020."

"I purchased the home early February, is there a 10-day or 20-day window to get homesteaded for new purchases?"

"No sorry, is there anything else I can help you with?"

"So the city requires me to be homesteaded to work on my property myself and you're telling me I can't get homesteaded til 2021? So my options are paying a GC and contractors an exuberant amount of money or live in a fixer upper for 10 months before I can repair it myself?"

"You're going to have to call the city, we don't handle that."
*click*

So Biggerpockets family, am I a blue monkey who didn't do his due diligence or is this the silliest law?

So far my lurking has returned: Become my own GC or hire a "paper" contractor. Results have me between I'm-pretty-certain-a-"paper"-contractor-is-illegal and I've been listening to the ICC IBC 2018 code book for the last 5 hours on audio and I'm about to go mad.

Has anyone else run into this issue in Texas? How did you jump the hurdle?


P.S. Although Texas doesn't require a license for GC. Seguin requires you pass the Pearsonvue F12 - National Standard Building Contractor (B) Exam to get licensed.

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Wholesaler, Rehabber and Landlord · San Antonio, TX · Member since 2014 · 2k+ posts · 2k+ votes
6y

@Adam Pond go to DPS and change your drivers license address to the home that you plan to live in, the Seguin address. That will show the permit people that is in fact your home (homestead). They need proof that the house is where you plan to live. 

Never ask city or county people if this or that works because they will just tell you yes or no. Ask them a question that will make them give you the answer that you want, which is how you can get this done.

The drivers license, electric bill, water bill should show enough proof that you are living there (hence, your homestead even if you dont have the exemption until next year).

If that still does not work, ask them what you need to do to work on your own house. I did it in San Antonio, it works. 

They were testing you. Dont ever take them at their word, damn city employees!!!

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  • Real Estate Agent · San Antonio, TX · Member since 2013 · 3 posts · 2 votes
    6y

    Hey Adam, I am a Realtor here in San Antonio. As much as I dislike it - Guadalupe county was correct telling you this. I actually just sent out my late reminder emails to my Clients from last year a few weeks back. When you purchase after Jan 1, you have to wait till the following year to file for your exemption. Below are the forms (hope this link works, I copied it from my FB page). As far as the GC, I could point you in the direction of some good ones - but not paper GC’s. I have never had anyone run into your exact issue, hopefully someone else can shed more light on that portion

    Bexar County homestead exemption form:

    http://www.bcad.org/data/_uplo...

    Guadalupe County homestead exemption form:

    https://www.comptroller.texas....

    Disabled veteran/survivor exemption form:

    http://www.bcad.org/data/_uplo...

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    Hi @Adam Pond

    Is registering for "Homestead" and getting the "Homestead tax exemption" the same thing?

    I don't live there of course. I noticed on one form (digging through the county site there) it stated "Fill out homestead application". Which did not appear to be the "Homestead Tax Exemption"

    Just a thought to dig into. good Luck!

  • Real Estate Agent · San Antonio, TX · Member since 2013 · 3 posts · 2 votes
    6y
    This is the same thing. The application for homestead is what you fill out to apply for & receive the tax exemption.

    Originally posted by @Mike Cumbie:

    Hi @Adam Pond

    Is registering for "Homestead" and getting the "Homestead tax exemption" the same thing?

    I don't live there of course. I noticed on one form (digging through the county site there) it stated "Fill out homestead application". Which did not appear to be the "Homestead Tax Exemption"

    Just a thought to dig into. good Luck!

  • Member since 2018 · 28 posts · 9 votes
    6y

    Kyle & Mike,

    Thanks for the advice. All it would take is a simple 15-day window after home purchase to fill out the application for homestead. It looks like I'm just closing on BRRRRs in December from now on. =(

  • Wholesaler, Rehabber and Landlord · San Antonio, TX · Member since 2014 · 2k+ posts · 2k+ votes
    6y

    @Adam Pond go to DPS and change your drivers license address to the home that you plan to live in, the Seguin address. That will show the permit people that is in fact your home (homestead). They need proof that the house is where you plan to live. 

    Never ask city or county people if this or that works because they will just tell you yes or no. Ask them a question that will make them give you the answer that you want, which is how you can get this done.

    The drivers license, electric bill, water bill should show enough proof that you are living there (hence, your homestead even if you dont have the exemption until next year).

    If that still does not work, ask them what you need to do to work on your own house. I did it in San Antonio, it works. 

    They were testing you. Dont ever take them at their word, damn city employees!!!

  • Real Estate Investor · Seguin, TX · Member since 2015 · 8 posts · 3 votes
    6y

    @Adam Pond

    Good morning. I went through this last year here in Seguin. Good thing is, I’m licensed for both residential and commercial construction in Seguin. Please feel free to private message me and I would be happy to look at what you want to do. Depending on the scope of the work will determine if permits even need to be pulled. If it’s purely cosmetic you do not need a permit etc... your HVAC, electrician etc will pull their own permits for the work they would do. Hope this helps.

  • Linda HastingsPro Member
    Rental Property Investor · Stockdale, TX · Member since 2017 · 284 posts · 202 votes
    6y

    Just be sure that if you do need permits for any of the work that you do yourself that you do get them. The city of Seguin is notorious for driving around (or having others report to them) looking for construction work going on and then grilling you on whether or not you have the necessary permits. 

    if you need recommendations for good electricians, plumbers or HVAC, let me know. I also know some good, reasonably priced painters. 

  • Jaron WallingPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
    6y

    I would start swinging hammers day 1. I thought it was just related to property taxes but that's just my market. Apply for the homestead exemption when you can but have some of the work "finished" by then. Just my two cents.

  • Member since 2018 · 28 posts · 9 votes
    6y
     @Jessie Schievelbein:


    Thanks for insight. Its been a battle trying to coordinate the county with the city. Both are blaming the other for the silliness. I will be moving a couple walls with guidance from an engineer. The HVAC and Electrician I am subbing out. I'll definitely message you about the project.

  • Member since 2018 · 28 posts · 9 votes
    6y
     @Linda Hastings:

    You're right on the money! The house just across the street from mine got some subcontractors out front a couple days ago. I went to introduce myself and they told me the story how the owner didn't pull permits and the city came-a-knockin. They apparently fined her pretty good and made her get licensed subs to clean up her work. 

  • Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
    6y

    Due diligence is the second most important aspect of investing...just behind finding the deal. The homestead laws have been this way since long before I started investing more than 20 years ago. You have to prove to them that you owned the home on or before January 1st of the year in which you're seeking a homestead exemption for tax purposes. Welcome to the world of real estate investing. 

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    6y

    I have run across this issue in another city in Texas and felt like I was beating my head against the wall with the city permitting department

    They clearly have no understanding of the clear difference between a property being your homestead and the homestead exemption claimed for property tax purposes.  The 2 in reality have nothing to do with each other.  I can live in my homestead and choose to/fail to file my homestead exemption and it does not changed the fact that the property is my homestead

    So, I actually had to Chief Appraiser for the county call the Permit office and try to explain this to no avail.  The Appraiser was actually stunned.  So the resolution was the people changed their DL to the property address and the Appraisal District actually did me a favor and approved the exemption outside of the window

  • Mike ReynoldsPro Member
    construction · Nacogdoches, TX · Member since 2011 · 2k+ posts · 1k+ votes
    6y

    @Adam Pond Just a thought. Why not (if you plan on BRRR) to go ahead and get your license? You will need a 300k GL policy (1 million for commercial) a small bond policy and 125 dollars for your first year. You will have to take a test in ICC but it's not bad. Study up and see what you can do. I bet you can pass it.

    I have never built in Seguin but I have in NB. Austin codes are slowly filtering down toward SA. Brush up on energy codes especially. 

  • Member since 2018 · 28 posts · 9 votes
    6y
  • Member since 2018 · 28 posts · 9 votes
    6y
     @Greg H.:

    That is a very interesting solution! I'm stunned just as the chief appraiser was, but I'm very glad that they were able to get you rolling outside of the application window. Just from my call to Guadalupe County, I don't want to be 100% pessimistic about it, but I'm not hopeful that'll help haha.

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