Intended User for Divorce Appraisal

Discussion in 'Urgent - Help Needed' started by Rutty Smith, Feb 24, 2006.

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  1. Rutty Smith

    Rutty Smith New Member

    0
    Oct 18, 2004
    Professional Status:
    Licensed Appraiser
    State:
    Virginia
    Who do I designate as the intended user in my first divorce related assignment.
    Is it:
    A) the homewoner
    B) the court
    C) the lawyers
    D) All of the above
    E) Other

    Any input would be appreciated.
     
  2. Laura Harper

    Laura Harper Sophomore Member

    0
    Jan 2, 2006
    Professional Status:
    Licensed Appraiser
    State:
    Michigan
    Who ordered the appraisal? I have had orders from both lawyers and court actions. When it is ordered by the lawyer he/she becomes the intended user for the intended use of a court action (in this case divorce) and list the names of the parties involved.
     
  3. Rutty Smith

    Rutty Smith New Member

    0
    Oct 18, 2004
    Professional Status:
    Licensed Appraiser
    State:
    Virginia
    The homeowner was referred to me by family friend. The wife contacted me.
     
  4. Pat Butler

    Pat Butler Senior Member

    2
    Jan 17, 2002
    Professional Status:
    Certified Residential Appraiser
    State:
    Illinois
    Ask your client. Typically, my clients wants themselves, their attorney, and their spouse as an intended user. The issue with the spouse primarily comes from your conversation with your client. If they intend on giving a copy of the appraisal to the spouse then you know in advance that the spouse needs to be an intended user. I try to limit the number of intended users but I'm stuck with the people who are identified by my client. That's why the spouse usually makes it in there- like it or not. I'll also include a statement of "and anyone deemed by the court to be an intended user."
     
  5. leelansford

    leelansford Elite Member

    14
    Mar 29, 2002
    Professional Status:
    Certified Residential Appraiser
    State:
    Illinois
    Uspap

    2005 USPAP, page 3, lines 104-106:

    "INTENDED USER: the client and any other party as identified, by name or type, as users of the appraisal...report by the appraiser on the basis of communication with the client at the time of the assignment."
     
  6. aussie ken

    aussie ken Member

    0
    Mar 11, 2005
    Professional Status:
    Retired Appraiser
    State:
    Australia
    Hi Rutty. Its still not clear from your response who the instructor is. Are you doing the job for the wife?
     
  7. xm39hnu

    xm39hnu Senior Member

    0
    Jul 10, 2003
    Professional Status:
    General Public
    State:
    Florida
    Tell the wife to ask her attorney whether she should be the client or whether the attorney should be.

    The difference is that if the attorney is the client, then the appraisal is attorney work product and is not subject to discovery by the other side. If the wife is the client, then the report is discoverable. Should the report fail to support the wife's side, the attorney might not want the other side to find out about it.
     
  8. leelansford

    leelansford Elite Member

    14
    Mar 29, 2002
    Professional Status:
    Certified Residential Appraiser
    State:
    Illinois
    Remember folks...just because someone is going to receive a copy of your appraisal report does not indicate that the party has to be an Intended User!
     
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