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  #1  
Old 02-24-2006, 05:10 PM
Rutty Smith Rutty Smith is offline
 
Join Date: Oct 2004
State: Virginia
Professional Status: Licensed Appraiser
Posts: 8
Question Intended User for Divorce Appraisal

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.
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  #2  
Old 02-24-2006, 05:13 PM
Laura Harper Laura Harper is offline
 
Join Date: Jan 2006
Location: St Clair Shores, MI
State: Michigan
Professional Status: Licensed Appraiser
Posts: 161
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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  
Old 02-24-2006, 05:17 PM
Rutty Smith Rutty Smith is offline
 
Join Date: Oct 2004
State: Virginia
Professional Status: Licensed Appraiser
Posts: 8
Post

The homeowner was referred to me by family friend. The wife contacted me.
  #4  
Old 02-24-2006, 05:18 PM
Pat Butler Pat Butler is offline
 
Join Date: Jan 2002
State: Illinois
Professional Status: Certified Residential Appraiser
Posts: 3,947
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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  
Old 02-24-2006, 09:26 PM
leelansford leelansford is offline
 
Join Date: Mar 2002
State: Illinois
Professional Status: Certified Residential Appraiser
Posts: 13,471
Default 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."
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Lee Lansford, IFA
"My opinions & my opinions only!"
  #6  
Old 02-24-2006, 11:45 PM
aussie ken aussie ken is offline
 
Join Date: Mar 2005
State: Australia
Professional Status: Retired Appraiser
Posts: 999
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Hi Rutty. Its still not clear from your response who the instructor is. Are you doing the job for the wife?
  #7  
Old 02-25-2006, 08:32 AM
xm39hnu xm39hnu is offline
 
Join Date: Jul 2003
State: Florida
Professional Status: General Public
Posts: 4,338
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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  
Old 02-25-2006, 08:34 AM
leelansford leelansford is offline
 
Join Date: Mar 2002
State: Illinois
Professional Status: Certified Residential Appraiser
Posts: 13,471
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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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Lee Lansford, IFA
"My opinions & my opinions only!"
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