Bexar Texas Agreement to Attempt to Locate Unclaimed Property of Client

State:
Multi-State
County:
Bexar
Control #:
US-03427BG
Format:
Word; 
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Description

A finder's fee is a fee paid to someone who acts as an intermediary for another party in a transaction. Finder's fees may be offered in a variety of situations. For example, an employer may pay a finder's fee to a recruitment agency upon hiring a new employee referred by that agency. A finder's fee may be paid regardless of whether a transaction is ultimately consummated.


In a real estate context, a finder's fee may be paid for locating property, obtaining mortgage financing or referring sellers or buyers. A finders fee is money paid to a person for finding someone interested in selling or buying property. To conduct any negotiations of sale terms, the finder may be required to be a licensed broker or he violates the law. However, state laws, which vary by state, may also provide an exemption for certain individuals, allowing them to be compensated without the necessity of licensure. For example, one state's law allows an exemption for either a property management firm or an owner of an apartment complex to playa finders fee or referral of up to $50 to a current tenant for referring a new tenant. The fee can be in the form of cash, a rental reduction or some other thing of value. The party claiming compensation under this exemption is not allowed to advertise for prospective tenants.


Because they aren't technically held by the state, real estate created overages aren't subject to those finder fee limits. In fact, they're usually not subject to any limits at all (within reason... charge 95%, and you may be asking for a lawsuit). 30-50% is standard for those who specialize in collecting those funds.


These are the funds that are created when more is bid at auction for tax foreclosure and mortgage foreclosure properties. Those overages are more often than not due back to the former owners. Unfortunately for them, most don't realize this, and walk away from their financial mess without realizing they may have a small windfall awaiting them. Then, if they don't figure it out in time, they lose it to the agency holding the funds.

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FAQ

Since 1963, Texas has required institutions, businesses and governmental entities to report to the state any personal property that has been unclaimed for up to five years, depending on the property in question. Unclaimed property can be abandoned assets.

What is Escheatment? The term escheatment refers to the process of turning custody of abandoned assets or accounts over to a state authority.

Unclaimed property can be any financial asset that has been abandoned by the owner for periods ranging from one to 15 years. The abandonment period is the number of years that the property is held before being sent to the Texas Comptroller of Public Accounts (Comptroller's office).

Unclaimed property can be any financial asset that has been abandoned by the owner for periods ranging from one to 15 years. The abandonment period is the number of years that the property is held before being sent to the Texas Comptroller of Public Accounts (Comptroller's office).

Unclaimed property can be tangible (safe deposit box contents) or intangible property (securities-related property and general ledger property) due and owing to a third party (the owner) where there has been no contact with the owner for a specific period (dormancy period).

States have established processes whereby legal owners of assets can reclaim unclaimed funds. When claiming unclaimed funds that have risen in value, taxes may be assessed at the time. If you claim property, it will be treated as ordinary income and taxed accordingly unless the property is related to a tax refund.

There is no statute of limitations for unclaimed property. Funds reported will remain here indefinitely until returned to their rightful owner. The Texas Comptroller has authority to manage the State of Texas Unclaimed Property Program under Title 6 of the Texas Property Code (opens in a new tab).

Once you locate your property and file a claim, it may take between 90 to 120 days to get your money. If the Texas Comptroller of Public Accounts needs any additional info from you, the process may take longer. The payment will be in the form of a check to your financial institution.

Texas recently amended its unclaimed property law (also referred to as abandoned property or escheatment law). House Bill 3598 was signed by Governor Abbott and became effective on June 10, 2019.

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Bexar Texas Agreement to Attempt to Locate Unclaimed Property of Client