Can I do this no inspection appraisal and be safe?

[CANative]

There is a person I sort of know. She is a Realtor. She has had a parting of the ways with her "ex." They now hate each other. She thinks she is entitled to a monetary settlement of some sort and appears to be doing an asset search with the majority of assets being the house she shared with the ex. My client has no ownership interest. She has an amount in mind, the ex has a different amount and also thinks my potential client wronged her and committed fraud of some sort. (I feel like I am stuck in the middle of a cat fight.)

So, my potential client wants an appraisal of the property to use in some sort of litigation. But the ex doesn't want this and will not allow me on or near the property. It is a ranch type property and cannot be seen from the public street. It is also a manufactured house of some sort and as typical for this area there are no building records or description of the proeprty characteristics available.

The ex is nice enough to me on the phone and states at some point she may want an appraisal on the property for mortgage lending but at this time coming on the property is a no go without a court order.

I'm wondering if I could do a desktop appraisal using property descriptions and any photographs of the improvements the client may have. I'm familiar with the area and have driven by the location a number of times. It's just the improvements that I've never seen.

Could a scope of work, disclaimers, EA's etc, etc. be crafted so that a credible report could be produced without signficiant liability from either party?

 

[Pat Thomson]

I’m just a newbie but I see potential for conflict of interest. Nobody will split anything until the court orders it and at that point I don’t think the appraisal can be blocked. I wouldn’t get involved.

 

[CANative]

I only know this person on a professional level and have never actually met her in person. She was just a local Realtor and I have appraised a few houses where she was either the listing or selling agent.

 

[cgjerdetu]

I wouldn't do it as a desktop. Too many variables and too many unknowns. Would you feel comfortable in front of a judge defending the desktop appraisal? Especially since all of your information regarding property characteristics would be coming from your client, definitely not a disinterested 3rd party. I would wait for a court order.

Carolyn

 

[Charlotte Dixon]

Run, Greg, Run! Run like the wind!

It's a no win situation, as I see it. I would not be doing the appraisal if I couldn't get inside the home, and I think, that's your out. That's what I would tell the girl. No, you won't be safe....and may not be safe from going to court even if you go INSIDE the property.

 

[Richard Carlsen]

Greg

You know what you have to do to develop a creditable report. If it were for a sophisticated client like a bank who is used to reading reports etc., that is one thing. But this is not such a client.

For a divorce, where the parties are at loggerheads and one of them, your client, will be using the report as part of the settlement, I don't think a desk, no inspection report would provide a credible report for the intended use of the appraisal.

Getting you into the house is something the two warring parties and/or their attorneys have to work out. It is not your problem. Don't take it upon yourself. Don't call the husband and try to explain it to him. Just tell your client that you have to have full cooperation with the husband or you cannot do your job. What you don't need are distractions when you are visiting the house or certain rooms locked or him walking behind you, bad-mouthing her the whole time. Make it clear that you are not interested in the whys or faults. You are going to be there to do your job and leave. If the two parties to the divorce and their attorneys cannot reach an agreement, you have no assignment.

I had to tell a husband one time that I had heard enough and that if he did not quiet down, I would be leaving as his constant grumbling about his soon to be ex was interfering with my inspection which had been agreed upon by him and his attorney. Not another peep the rest of the inspection.

 

[The Warrior Monk]

Hi Greg,

In divorce cases, I prefer to speak to the attorneys only. The husband and wife are out for blood and aren't necessarily working in their own best interest.

A no-inspection appraisal will be thrown out of court by any reasonable judge if the other side objects. I'd recommend waiting until the court orders that the appraisal be done.

 

[Mr Rex]

Desktop in a divorve case. Not me, no way, no sir.

 

[Andy Taylor]

My advice:

Run, Forrest, Run!!!

This one seems to have problems written all over it. To me sometimes the fee just isn't worth the hassle in these type situations.

 

[Bobby Bucks]

I see a lot of potential risks and headaches with only a remote possibility of gaining some points with the one with the "R". I would refer this one to some MAI that you dislike.