Attorney Asking if I used a Property as a Comparable

[glenn walker]

I wouldn't respond. Then you've cracked the door open.

Anything you used on that comp should be available on MLS or PUBLIC records. He can get it himself.

The attorney already has the information he /she is on a fishing expedition trying to determine how many people he is going to need to send subpoenas out to with summons to appear in court. The first step in the fishing trip to to try and get people to talk and maybe accidentally give him some more supporting evidence. Also a response from an-E-mail provides him proof the E-mail is still good and the appraiser is still alive.

 

[jackimoya]

I wouldn't ignore them. I would politely respond and tell them that that is considered confidential information. Beyond that, I wouldn't say anything. If you get subpoened... then different story.

Th

The most common reason is because the attorneys client is probably suing the broker and or appraiser or both over a valuation issue and he/she is on a fishing expedition and you are one of the fish he/she is trying to catch. In your case its best to ignore the E-mails BUT with that being said we have attorneys in the family but since you don't it may be prudent to contact your E & O providers with eh information and let their attorney advise on what to do. The reason is often the frustrated attorney will name you and you will receive a subpoena to appear in court. 80% of the time they are just bogus shake down methods to get you to give them a copy of your report or to ask you questions and that why you give your E & O a heads up, because if you do receive a summons , they will go into immediate action to get their attorney to remove the request to the court or will advise you on what steps to take. I must say that homeowner must keep good records because 9 out of 10 people can't find an-email-they received last month much less 4 years ago and someone is building a case. Finally I wonder why would you ask permission to use a sale as a comparable ? In over 35 years I have never had to ask anyone permission to use a sale as a comparable -WHY ?

It's actually not the homeowner, it's the listing agent that kept the email and is involved in the lawsuit. I did not ask permission to use the sale as a comparable I only said in the email that I may use it as a comparable and requested some information about the property/listing activity. I think it's wise to contact my E&O carrier for guidance/advice.

 

[Russ Kitzberger]

You have no responsibility to this person. I would ignore the request, or you could tell them that you do not remember.

Either of these options will allow you to not get caught up in whatever mess they have going on.

This is precisely how you get all the good data, get roped into a legal proceeding and all the testimony become public record. You'll get both sides of the story and have no duty to keep it confidential because it is public record.

That's why people settle, don't want their dirty laundry out there.

 

[Russ Kitzberger]

It's actually not the homeowner, it's the listing agent that kept the email and is involved in the lawsuit. I did not ask permission to use the sale as a comparable I only said in the email that I may use it as a comparable and requested some information about the property/listing activity. I think it's wise to contact my E&O carrier for guidance/advice.

Your E&O is interested in not receiving a claim, they will tell you to not respond. If you are interested in making money from your opinions and doing expert work, you should respond.

 

[Russ Kitzberger]

The attorney already has the information he /she is on a fishing expedition trying to determine how many people he is going to need to send subpoenas out to with summons to appear in court. The first step in the fishing trip to to try and get people to talk and maybe accidentally give him some more supporting evidence. Also a response from an-E-mail provides him proof the E-mail is still good and the appraiser is still alive.

If the attorney is intent on it, OP will get subpoened anyway as a fact witness, but it won't go past that if OP takes the fact witness stance correctly.

In best case scenario, OP can turn it into an expert witness gig.

 

[glenn walker]

If the attorney is intent on it, OP will get subpoened anyway as a fact witness, but it won't go past that if OP takes the fact witness stance correctly.

In best case scenario, OP can turn it into an expert witness gig.

An-expert witness ? Now that's a new one : ) LMAO

 

[Russ Kitzberger]

An-expert witness ? Now that's a new one : ) LMAO

Glenn, I do transaction-specific analaysis and opinion letters for title and litigation attorneys when they are defending frivolous lawsuits.

It's a real thing and it pays really well.

Lots of other experts do the same in many other fields.

 

[Elliott]

I'll stick with being responsive, but vague, and hope they go away.

 

[The Warrior Monk]

I'm not clear on who was intended user, and what was the intended use, of the appraisal you performed. That would direct how I would proceed with answering the inquiry.

 

[glenn walker]

Rus

Glenn, I do transaction-specific analaysis and opinion letters for title and litigation attorneys when they are defending frivolous lawsuits.

It's a real thing and it pays really well.

Lots of other experts do the same in many other fields.

Russ I understand and have also been engaged as an-expert witness both as an appraiser and a Commercial Broker but what the OP posted does not even come close to reaching that level. it's called an-old fashioned fishing expedition and her best advice is to ignore it and contact her E & O carriers legal department for advice.