Most Texas homeowners who protest their property taxes argue one thing: their home's market value is lower than what the appraisal district says. This is called the market value argument. But Texas Tax Code §41.43 gives property owners a second, often more powerful protest ground: unequal appraisal. An unequal appraisal protest argues not that your value is wrong in an absolute sense, but that your property is assessed at a higher percentage of market value than comparable properties in your neighborhood. Even if your absolute value seems reasonable, if your neighbors are all assessed at lower ratios than you, the unequal appraisal argument may produce a larger reduction.
What Is Unequal Appraisal?
Unequal appraisal occurs when different properties in the same market are assessed at different percentages of their actual market value. Texas law requires equal and uniform taxation — all properties should be assessed at the same ratio to market value. If your home is assessed at 110% of market value while similar homes in your neighborhood are assessed at 95% of market value, you are being taxed unequally. Texas Tax Code §41.43 gives you the right to protest on this basis and demand that your assessed value be equalized to match your neighbors' ratios.
- ✓Market value protest: 'My home is worth less than the district says'
- ✓Unequal appraisal protest: 'My home is assessed at a higher ratio to value than comparable properties'
- ✓Both can be filed simultaneously — checking both boxes on your protest form preserves both arguments
- ✓Unequal appraisal can produce a reduction even when your market value seems supportable
- ✓Texas requires equal and uniform taxation — §41.43 enforces this right
How to Build an Unequal Appraisal Case
An unequal appraisal case requires showing that comparable properties — similar in size, age, and location — are assessed at a lower percentage of their market value than your property. The market value of comparable properties can be established using recent sale prices. The ratio is calculated by dividing the appraised value by the recent sale price. If your ratio is significantly higher than your comparables' ratios, you have an unequal appraisal case.
- ✓Step 1: Find 3-5 comparable sales in your neighborhood from the past 12 months
- ✓Step 2: Look up each comparable's current appraised value on the CAD website
- ✓Step 3: Divide each comparable's appraised value by its sale price — this is their assessment ratio
- ✓Step 4: Calculate your own ratio (your appraised value divided by your estimated market value)
- ✓Step 5: If your ratio is materially higher than the median comparable ratio, you have an unequal appraisal argument
- ✓Step 6: The target value is your market value multiplied by the median comparable ratio
When Unequal Appraisal Is More Powerful Than Market Value
Unequal appraisal is often more effective than a straight market value argument in two situations. First, when your absolute value seems defensible but your neighbors are assessed lower — the district can't dismiss your comparable sale data when it's not just proving your value is wrong but proving your neighbors are assessed lower. Second, when sale data is thin — in neighborhoods with few recent sales, finding good comparables for a market value argument is hard, but unequal appraisal uses existing CAD data (no sales needed) to show your assessment ratio is higher than neighbors'.
- ✓No recent sales in your area? Use unequal appraisal — it uses CAD records, not recent sales
- ✓Strong neighborhood? Your absolute value may be supportable, but your assessment ratio may still be higher than neighbors
- ✓Rapid appreciation: In fast-appreciating markets, assessment ratios diverge significantly — unequal appraisal captures this
- ✓Both arguments together: File market value AND unequal appraisal — whichever produces the greater reduction wins
TaxAppeal USA: Both Arguments in Every Protest
TaxAppeal USA's protest letters cite both Texas Tax Code §41.41 (market value) and §41.43 (unequal appraisal) in every filing. Our system analyzes both comparable sales and assessment ratio data for your neighborhood to present the strongest possible case under both protest grounds. For $89 flat, you get a professional protest that uses every available legal tool to maximize your reduction.
Frequently Asked Questions
What is unequal appraisal in Texas? ▾
Unequal appraisal occurs when your property is assessed at a higher percentage of market value than comparable properties in your area. Texas Tax Code §41.43 gives you the right to protest on this basis and demand that your assessment ratio be equalized with your neighbors.
How do I know if I have an unequal appraisal case? ▾
Compare your assessment ratio (appraised value divided by estimated market value) to the assessment ratios of comparable nearby properties. If your ratio is materially higher, you have an unequal appraisal case.
Can I file both market value and unequal appraisal protests? ▾
Yes. Texas allows — and recommends — checking both boxes on your Notice of Protest form. Filing both preserves your full range of arguments and allows whichever produces the greater reduction to prevail.
Do I need sales data for an unequal appraisal argument? ▾
Not necessarily. Unequal appraisal can be demonstrated using other properties' appraised values from the CAD database, without requiring recent sale transactions. This makes it particularly powerful in areas with limited sales activity.
Does TaxAppeal include the unequal appraisal argument? ▾
Yes. TaxAppeal USA's protest letters cite both §41.41 (market value) and §41.43 (unequal appraisal) in every protest filing.
What is the target value in an unequal appraisal case? ▾
The median assessment ratio of comparable properties multiplied by your property's estimated market value. If comparable properties are assessed at 90% of their sale price and your home is worth $400,000, the target value would be $360,000.