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  #1  
Old 08-23-2009, 05:06 AM
Carnivore's Avatar
Carnivore Carnivore is offline
 
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Location: Queen City
State: North Carolina
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Default Our problems are bigger then we thought.

I dont know if NY is a mandatory state or not, but I found this article very
interesting.

http://copyrightlitigation.blogspot....u-rely-on.html

Posted under Fair Use of Copyright Law

The plaintiff Mandarin purchased Gauguin's Paysage aux trois arbres. According to the complaint, the defendant Wildenstein had ownership interests in the painting, yet issued an expert appraisal with an inflated value, knowing that Mandarin would rely on it.

The Supreme Court judge (in New York this is the trial level judge) tossed the case out on a pre-answer motion, finding that there was no privity between Wildenstein and Mandarin and that the appraisal contained non-actionable opinion.

Last edited by Carnivore : 08-23-2009 at 05:39 AM.
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Old 08-23-2009, 05:31 AM
rcsone rcsone is offline
 
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....maybe "unbiased" and "competent" will have a greater future value for the appraisal process for dirt and its plus..............best to all...........rs
  #3  
Old 08-23-2009, 06:20 AM
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David Wimpelberg David Wimpelberg is offline
 
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NY is not a mandatory licensing state.
  #4  
Old 08-23-2009, 06:35 AM
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Mike Kennedy Mike Kennedy is offline
 
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http://appraisersforum.com/showthread.php?t=159633
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Old 08-23-2009, 06:43 AM
Carnivore's Avatar
Carnivore Carnivore is offline
 
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Sorry Mike, I missed your orignal post.
  #6  
Old 08-23-2009, 02:21 PM
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Terrel L. Shields Terrel L. Shields is offline
 
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Default

Sounds to me like a court wanted to either get a PITA out of the way or make it so obvious that they would kick this can down the road.

I know of no state that requires personal property appraisers to be certified or to adhere to USPAP. They do so voluntarily.
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  #7  
Old 08-23-2009, 05:25 PM
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Mike Kennedy Mike Kennedy is offline
 
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Terrel - check the other thread
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