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And the Suing Begins!

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Nevermind 3

Thread Starter
Junior Member
Joined
Jun 11, 2002
Professional Status
Certified General Appraiser
State
California
Just been handed subpoena to testify as a witness and bring my entire file for an appraisal I did a few years ago. Apparently, the Buyer's are suing the Real Estate Broker for something.:fiddle:

I don't think I have anything to worry about, but I couldn't get any other info on the case. Any suggestions on what to do? Do, I just wait until the deposition or should I find the filed court documents to try and find out more. I have contacted my E&O provider and already talked with one of their referred attorneys, who is going to accompany me to the deposition for the cost of my deductible, of $500. :( E&O carrier is handling everything over that. I guess it is a fair use of $500, to just make sure I am covered.

Suggestions, comments? :shrug:
 

Michigan CG

Moderator
Staff member
Moderator
Joined
Nov 1, 2006
Professional Status
Certified General Appraiser
State
Michigan
Someone needs to pay for your services and expenses.
 

VolcanoLvr

Senior Member
Joined
Oct 30, 2003
Professional Status
Certified Residential Appraiser
State
Washington
There has been fairly extensive coverage about this topic here on the AF. Try searching the various topics for "court appearance" or something similar.

The main thing is: which side will you be on? You (or your E&O attorney) need to talk with the party who issued the subpoena to find out what your involvement will be, and how extensively you need to prepare.

Will you be an 'expert witness' or just state the facts of your report?

If the former, you're entitled to be paid reasonably well for your time and trouble.
 

TEL2002

Elite Member
Joined
Jan 16, 2002
Professional Status
Retired Appraiser
State
Louisiana
Assuming they do not plan to pay you.....I liked someone's suggestion on another thread about scanning your work file, then put it on a flash drive & take that with you instead of a stack of papers.
 

Ray Miller

Elite Member
Joined
Feb 20, 2002
Professional Status
Licensed Appraiser
State
Wisconsin
Assuming they do not plan to pay you.....I liked someone's suggestion on another thread about scanning your work file, then put it on a flash drive & take that with you instead of a stack of papers.


Sound like a good idea.

You might also want to give you lawyer a heads up in case at a later date some one wants to join you to the defendents list.
 

Nevermind 3

Thread Starter
Junior Member
Joined
Jun 11, 2002
Professional Status
Certified General Appraiser
State
California
Thanks Ray, as I stated, I already have contacted my E&O and have an attorney on the case, who is going to come with me to the deposition. Thanks for the suggestion.
 

Mike Boyd

Elite Member
Joined
Jan 18, 2002
Professional Status
Retired Appraiser
State
California
Just sit tight until your E&O attorney contacts you. They will tell you what you need to know. YOU are not being sued, yet.
 
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