"Expert Witness"

[Tiffany Gibbons]

Delete

 

[Nancy Heiss]

The attorney is going to subpoena me, which means I have to show up in person to court with a colored copy of the appraisal. Once I receive the subpoena, I am covering my bases and getting my E&O involved. I've never done this before and have no idea if I can even answer their questions since they are not my client. Ugh.

 

[Tiffany Gibbons]

The attorney is going to subpoena me, which means I have to show up in person to court with a colored copy of the appraisal. Once I receive the subpoena, I am covering my bases and getting my E&O involved. I've never done this before and have no idea if I can even answer their questions since they are not my client. Ugh.

Call your E and O company and get some advice.

 

[djd09]

send a letter to the attorney and the judge in regards to the fees you require for testimony....my standard fee for appearance in court is 250 per hour minimum 8 hours...they will disappear

 

[TerryRohrer]

The attorney is going to subpoena me, which means I have to show up in person to court with a colored copy of the appraisal. Once I receive the subpoena, I am covering my bases and getting my E&O involved. I've never done this before and have no idea if I can even answer their questions since they are not my client. Ugh.

You don't have to show up with a color copy of anything. First, I would be certain that an attorney's subpoena has to be acted on. If the court issues the subpoena, I would go, but not if it is just the attorney blowing smoke. I would show up with nothing (unless the court subpoenaed my work file). As a fact witness, you do not have to offer any opinions. If they show you a copy of your appraisal and ask if you did it, say yes. But if they ask you to explain something, or ask your opinion of something, refrain from offering anything. You have time to do some research, so search for threads about these issues. They are out there and have vast quantities of ideas to think through before you are on the hot seat.

Dealing with a Subpoena

“One of the best courses that I have had in 17 years!” -Amy H >> OREP E&O ★★★★★ “They are knowledgeable, professional, and understand urgency.” – Joe Thweatt Editor’s Note: Take the NEW 2021 Appraiser Fee Survey online now at WorkingRE.com/2021survey. Dealing with a Subpoena by Isaac Peck...

www.workingre.com

Help I Got a Subpoena! - Appraisers Blogs

If you are in business long enough, you will get subpoenaed by someone involved in a dispute that may not even involve you. A subpoena is a court order.

appraisersblogs.com

Expert Witness Testimony: 4 Tips for Appraisers Going to Court - Bankruptcy, Divorce, etc. - Cleveland Home Appraisers

At Fast Appraisals we have a lot of respect for all our fellow real estate appraisers and we know that going to court to provide expert witness testimony for an appraisal report you prepared can be very intimidating. I’m in

clevelandhomeappraisal.com

Can they call me in for divorce witness?

I did an appraisal for financing purposes 10+ months ago. Now being called by one of the sides as the owners are in a divorce? Can they call me in as a witness? What are my obligations? Only to the original client? Help please. Dont have the time at any fee.

appraisersforum.com

Asked to testify in court??

I did a private appraisal for a divorce a few months ago. client just called me and said i may be asked to testify in court, and gave me 3 dates to choose from. I've never done this before, and it seems a little overwhelming. Is this something I am required to do? I would appreciate any...

appraisersforum.com

https://www.avvo.com/legal-answers/are-real-estate-appraisers-required-to-appear-in-c-3043615.html

does an appraiser have to appear in court to testify - Google Search

 

[Tom4value]

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.

Two things jump out at me.
1. Under no circumstances do you bring your report from May in to court and talk about it. That is the property of your client and to do so you are in clear violation of the Confidentiality aspect of USPAP. What you can/should do is arrange to do a new appraisal for the attorney with a clear discussion of the scope of work, intended use and intended users.

2. Unlike what other posters have said, you do not need permission from your previous client UNLESS the letter of engagement specifically prevented you from doing so. My guess is that they didn’t…..usually not a concern of lenders. Just remember to disclose that you did an appraisal on the property less than 3 years ago.

I know he doesn’t want a new appraisal (that he will have to pay for) but instill on him that that is the only way you can do it to not go astray of USPAP. Also, the opposing attorney will beat you up for the confidentiality violation and/or point to your disclosure that the appraisal was for mortgage lending purposes only.

Good luck!

 

[Nancy Heiss]

Two things jump out at me.
1. Under no circumstances do you bring your report from May in to court and talk about it. That is the property of your client and to do so you are in clear violation of the Confidentiality aspect of USPAP. What you can/should do is arrange to do a new appraisal for the attorney with a clear discussion of the scope of work, intended use and intended users.

2. Unlike what other posters have said, you do not need permission from your previous client UNLESS the letter of engagement specifically prevented you from doing so. My guess is that they didn’t…..usually not a concern of lenders. Just remember to disclose that you did an appraisal on the property less than 3 years ago.

I know he doesn’t want a new appraisal (that he will have to pay for) but instill on him that that is the only way you can do it to not go astray of USPAP. Also, the opposing attorney will beat you up for the confidentiality violation and/or point to your disclosure that the appraisal was for mortgage lending purposes only.

Good luck!

As of almost 5:00 pm, I have not received the subpoena. Attorney had texted that the court date is Jan 10th, but they wouldn't need me until the 12th. Once I get the subpoena (IF I get it), I am forwarding it to my E&O company. Thank you for your words of wisdom and calm voice.

 

[Dublin ohio]

. The owners are trying to evict the tenants, apparently for non-payment of rent. The tenants are claiming the rent is too high. The owners used the rent estimate I provided on the report. It's unclear to me why exactly this may go to trial, IMO non-payment is non-payment and if the tenants agreed to the rent initially it seems like an invalid argument.

Logically one would have to assume that the tenant would have to present some kind of evidence to support the claim that the rent is too high. I would have asked the attorney why they needed my testimony. Without having to explain and/or defend your opinion of market rent. What purpose would your testimony serve.

 

[Tiffany Gibbons]

send a letter to the attorney and the judge in regards to the fees you require for testimony....my standard fee for appearance in court is 250 per hour minimum 8 hours...they will disappear

They wanted it remotely. Oops, my internet went out, lol, or better yet ACI fried my Webcam, sorry!

 

[Fernando]

in court, tenant of the subject property & the owner are having one argument about the rent amount, which you valued it. the kind attorney, who is willing to pay you, would subpoena you anyway. please explain the confidentiality involving discussing rent amount in a court of law involving the owner & tenant.
the reason you have to do this, even as a new assignment, is that i bet the tenant's attorney has rents to contradict you. for this reason alone, i would go to defend my opinion. the judge thinks you rent is too high, you is then gonna get sued by the tenant and owner. confidentiality pays well. this is also why you overdo your new report to stop any doubt of it being incorrect.

I never heard of eviction involving an appraiser who did a mortgage loan.
I personally am good in appraising real estate, not figuring accurately the rents (I admit it because it's difficult with limited rental sources I have). I don't know why lawyer wants you in court.
Property manager in area would be more familiar and knowledgeable of the rents in that area.
Is lawyer using you as the Rent Expert?