Legal
Terms of Service
Effective 10 September 2026
These terms govern your use of deferpropertygains.com, including the Capital Gains Estimator. By using the site you accept them. If you do not accept them, please do not use the site.
1. What this site is
This site is an educational resource about the Deferred Sales Trust, an installment sale structure under Internal Revenue Code §453 that can allow an owner of appreciated real estate to defer capital gains tax and depreciation recapture. It is operated jointly by Luxe Latitudes — Team of Compass and Davenport & Associates, Inc.
The site exists so you can understand the strategy and decide whether to speak with someone about it. Nothing here creates a client, advisory, brokerage, or fiduciary relationship.
2. Not advice
Nothing on this site is tax, legal, accounting, or investment advice, and nothing here is an offer or solicitation to buy or sell any security or to engage in any transaction.
A Deferred Sales Trust defers tax — it does not avoid or eliminate it. Deferred amounts become taxable as installment payments are received. Any decision should be made only after consultation with your own CPA, attorney, and a licensed representative reviewing your specific circumstances.
3. The Capital Gains Estimator
The estimator is a simplified screening tool, not a tax computation. It deliberately makes assumptions that will not match everyone:
- It assumes a long-term holding period and a top 20% federal capital gains rate, plus the 3.8% Net Investment Income Tax.
- It applies 25% to depreciation subject to recapture.
- It applies the state rate you select, not your actual apportioned liability.
- It applies the §121 primary-residence exclusion only where you select that property type, and assumes you are eligible for it.
Your actual liability depends on your income, exact basis, holding period, filing position, and other factors your CPA will confirm. Figures shown are illustrative estimates and are not a guarantee of results or of tax treatment.
The qualification result the estimator returns is a screening indication for our own programme only. It is not an offer, an approval, or a guarantee of eligibility, and we may decline any enquiry.
4. Information you give us
You agree that the information you enter is accurate to the best of your knowledge, and that you are the person you say you are and are entitled to use the phone number and email address you provide. An estimate produced from inaccurate figures will itself be inaccurate.
How we handle what you submit is set out in our Privacy Policy.
5. Messaging terms
If you tick the consent box on the estimator, you agree to receive automated marketing and appointment text messages from Luxe Latitudes and Davenport & Associates at the number you provided.
- Consent is optional and is not a condition of receiving your estimate or of any purchase or service.
- Message frequency varies. Message and data rates may apply.
- Reply STOP to opt out at any time, or HELP for assistance.
- Carriers are not liable for delayed or undelivered messages.
- Opting out of texts does not unsubscribe you from email, which has its own unsubscribe link.
6. Booking a call
Appointments booked through this site are scheduled using a third-party booking system. Booking a call does not create any advisory or client relationship and does not commit either of us to proceed. We may reschedule or decline an appointment.
7. Third parties
Real estate services are provided by Hyleri and Marc Katzenberg, licensed real estate salespersons with Compass. Deferred Sales Trust structuring, legal work, and trust administration are provided by independent third parties, including Guardian DST Services and independent tax counsel — not by Compass.
Compass is not affiliated with, and does not sponsor or endorse, the tax strategies described on this site.
This site may link to or embed third-party services. We are not responsible for their content or practices, and their own terms apply to your use of them.
8. Intellectual property
The content, design, and code of this site belong to their respective owners and may not be copied, republished, or used commercially without permission. Trade marks shown, including Compass and the brokerage names referenced, belong to their owners and are used for identification only.
9. Disclaimers and limitation of liability
This site is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the site will be uninterrupted or error-free.
To the fullest extent permitted by law, neither the site operators nor their members, employees, or affiliates are liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, arising out of your use of this site or reliance on any estimate it produces.
Nothing in these terms limits any liability that cannot lawfully be limited.
10. Governing law
These terms are governed by the laws of the State of Connecticut, without regard to its conflict of law rules. The state and federal courts located in Connecticut have exclusive jurisdiction over any dispute arising from them.
11. Changes
We may update these terms; the effective date above will change when we do. Continuing to use the site after an update means you accept the revised terms.
12. Contact us
Luxe Latitudes — Team of Compass
87 Post Rd E, Westport, CT 06880
office@jdavenportassociates.com
Hyleri Katzenberg — 203.246.8395
Marc Katzenberg — 203.249.6011