"Expert Witness"

[Tom D]

is rental confidential info on an appraisal, especially when the owner tells you later what it is again. if the subject was rented thru the MLS, then it is public records again. rental comps are not confidential, public records. a tenant can drag out a rental for a couple of years with appeals.
ask the attorney to order a rent appraisal. there is nothing here to ask the lender permission for. you certainly can give more comps than the 1st time to prove your brilliance.

 

[Nancy Heiss]

I believe there is misunderstanding re: my original post. I did the appraisal in May 2023. Now an attorney, representing the owners (who I met) is requesting I be an expert witness (his term) to explain my appraisal process, i.e. 'I measured the house, I took pictures and made observations of conditions, room count, etc. I did the appraisal in accordance with USPAP. The comps and rentals I used on the report where chosen for their similarity or to bracket a feature (flag lot) and were the best comps/rentals at the time.' He is not wanting me to do a current rental appraisal or compare to rental rates now.

 

[Nancy Heiss]

"My client was an AMC".

How long have you had an AMC as "your" client?

When an AMC orders an appraisal, aren't they considered 'my' client on that assignment? Maybe I'm not understanding your question?

 

[sputnam]

Happy New Year All!
IMO non-payment is non-payment and if the tenants agreed to the rent initially it seems like an invalid argument.

In NC, 'they didn't pay as agreed and refuse to leave' would be enough. In CA, who knows?

Figure out your hourly rate. Tell the attorney that it's that per hour with a 4 hour minimum and you will be charging for any time that you are told to standby for court. Since neither the attorney nor the landlord was your Client, have the court or attorney subpoena you.

 

[Tom D]

When an AMC orders an appraisal, aren't they considered 'my' client on that assignment? Maybe I'm not understanding your question?

you don't need any clients permission if the appraisal is being used in a legal case, and you are called as a witness, or whatever. my suggestion was to add more rental comps if you have them. you want to overwhelm the other party with your expertise. a lot of appraisers are made to look stupid by the other attorney.

 

[sputnam]

you don't need any clients permission if the appraisal is being used in a legal case, and you are called as a witness, or whatever. my suggestion was to add more rental comps if you have them. you want to overwhelm the other party with your expertise. a lot of appraisers are made to look stupid by the other attorney.

Assignment results are confidential. They are only to be disclosed to the client; parties authorized by the client; state appraiser regulatory agencies; third parties as may be authorized by due process of law; or a duly authorized professional peer review committee. Per USPAP, in the situation described, you either need the Client's permission or there has to be due process. Due process would be a court order or subpoena.

It's unlikely that a Client would try to discipline you for sharing...but they could.... And a sharp lawyer on the other side would use the violation as part of trying to discredit your appraisal.

 

[djd09]

confidentiality...nope...just a new assignment with a disclosure of prior service

 

[Terrel L. Shields]

He is not wanting me to do a current rental appraisal or compare to rental rates now.

The client is the bank. Ask them if they will allow you to do this. If they don't want it, then you have no choice but to render a new appraisal to the current owners. Your pictures are not "confidential". Your comps are not confidential. Your value conclusion is.

 

[djd09]

The client is the bank. Ask them if they will allow you to do this. If they don't want it, then you have no choice but to render a new appraisal to the current owners. Your pictures are not "confidential". Your comps are not confidential. Your value conclusion is.

well, yeah, duh, it is a new assignment...no big deal...you can even make it retrospective to the same date

 

[Tiffany Gibbons]

Assignment results are confidential. They are only to be disclosed to the client; parties authorized by the client; state appraiser regulatory agencies; third parties as may be authorized by due process of law; or a duly authorized professional peer review committee. Per USPAP, in the situation described, you either need the Client's permission or there has to be due process. Due process would be a court order or subpoena.

It's unlikely that a Client would try to discipline you for sharing...but they could.... And a sharp lawyer on the other side would use the violation as part of trying to discredit your appraisal.

Especially since the purpose of the appraisal was for a mortgage, not for a court case. Where are all the "don't use a Fannie Mae form" folks now? Notice she has not answered my question, did she see the lease? Was it rented in May 2023? Why wouldn't current rental rates be considered? This should be a new $1000 minimum assignment, with additional pay for testimony, $150 an hour, remote or in person. The attorney probably thinks she is going to charge $50 bucks. Get a letter of engagement.