ACM: websites that file objections against property value assessments must be clear about the costs and authorizations

The Netherlands Authority for Consumers and Markets (ACM) has forced Dutch company Eerlijke WOZ to adjust its eponymous website. ACM did so after receiving reports from consumers about this company. At the request of a consumer, Eerlijke WOZ files an objection against the property value listed on that consumer’s municipal tax assessment, which is referred to as the WOZ value (where WOZ is the Dutch abbreviation for Valuation of Immovable Property, in Dutch: Waardering Onroerende Zaken). A home’s WOZ value acts as the basis for the amount of this tax assessment. Consumers reported that they unwittingly granted Eerlijke WOZ an authorization after they had checked online if it was worthwhile to file an objection. In addition, they also reported that the company was not clear about the legal fees associated with the objection procedure. The company has already adjusted its website, and clarified the information about the authorization for the WOZ objections as well as about the costs thereof.

Valuation of Immovable Property (WOZ)

At the beginning of each year, homeowners receive property tax assessments from their municipalities. The amount of the property tax (referred to in the Netherlands as OZB) is determined using the property value (WOZ value). This value is calculated by the municipality using a certain model. If you do not agree with the WOZ assessment, you can file an objection against it. You can do this yourself, or you can hire an agency to do so on your behalf.

On its website, you can commission Eerlijke WOZ to file an objection on your behalf against your WOZ assessment. Following reports about the company, ACM launched an investigation. In this investigation, it was revealed that it was not clear to individuals that they granted the company an authorization after they had answered a couple of questions about their assessments on the company’s website. To these individuals, there was no clear separation between the results of the eligibility checker and the granting of the authorization. Eerlijke WOZ has adjusted the website as a result of which it has become clearer that an authorization is granted for filing an objection.

In addition, the information on the website about the compensation was insufficient. This has now been adjusted. Previously, municipalities paid the reimbursement of the legal fees, if ruled in their favor, directly to the company. Agencies like Eerlijke WOZ use this reimbursement of approximately 287 euros to cover their costs. In the meantime, the law has been changed, and the municipalities pay the reimbursements to the consumer, if the objection filed by an agency was successful. The consumer must then transfer this amount to the agency. Consumers must have explicitly agreed to this prior to the procedure.

Filing reports with ACM

In the coming months, WOZ assessments are once again sent out, which is why ACM draws attention to the relevant rules, with which WOZ agencies must comply. Know that, as a homeowner, you can also file an objection yourself at no cost. Your municipal tax assessment contains information about how you can do so yourself. In addition, you can use different tools for filing an objection that are offered online. If you do decide to commission a third party, such as a WOZ agency, for filing an objection, please pay attention to the following when choosing an agency:

• Are you answering questions as part of an eligibility checker or are you authorizing an agency to act on your behalf?
• Is it clearly stated that you agree to paying the reimbursement of the legal fees that you receive from the municipality to the agency after the procedure (if ruled in your favor)?

Consumers that run into problems can report this to ACM ConsuWijzer, which is ACM’s consumer information portal.
ACM has several tools at its disposal to tackle consumer problems. In this case, ACM chooses to confront the business directly, after which it has adjusted its practices.