Can I do this no inspection appraisal and be safe?

[John "Corky" Harry]

Greg: Let the attorney's agree on an appraiser. Judging from your post, this will turn into a major headache for you. Call your realtor friend and tell them it would be better for both parties to allow the attorneys to hire the appraiser/appraisers. Tell your realtor friend that you value your working relationship too much to let the divorce get in the way.

I rarely take on any divorce cases. Nothing good comes out of it and I do not play well with attorneys.

 

[Joker]

Looks like you have a consensus here on this forum (which as you know is highly unususal). Tell the wife that any further communications from her side MUST be sent through her counsel. In my judgement, you have already talked to her enough to make the other side question your independence.

If she is an agent, she should have a pretty good idea what the value of the property is and that doesn't involve you at all. If you want to help her, provide her some sales for her to consider. The desktop appraisal will not be upheld in court and I am certain that you don't want to appear as an expert witness attempting to defend it. Counsel for the husband will tear you up, leaving you feeling like something smelly that you stepped in.

Dirvorce takes time and during that time, heads will cool, and if necessary, court orders will be issued to appraise the house (if necessary). At that point, proceed as a professional.

What confuses me is that you stated she has no ownership interest in the property.

 

[Mike Boyd]

desk top divorce appraisal

I agree with Bobby. Divorce appraisals, in themselves, are sticky and can be dangerous. I'll never forget the first one I did 20+ years ago. The husband was paranoid and the wife was pscytzo. He warned me not to go within 100 yards from the place, she said she would be there all day and that her ex was all bark and no bite. I went. There were several people there and after measuring I went inside. The TV was blaring, the house was a total mess and when I went into the master bedroom, the wife was in her underwear jumping up and down on the bed like it was a trampoline. I got outta there as quickly as possible. That night the husband called me on the phone and accused me of all kinds of nasty things having to do with his wife. (Kinda like you-know-who) He actually threatened to come to my house and kick the excrement out of me. That is what prompted me to get an address at Mail Boxes, Etc.
He never showed up and I called the wife's attorney the next day. He said he would take care of it and call the police and that he (the hubby) was in violation of a restraining order.

By the way. Thanks for dinner last night.

 

[Bill_FL]

Greg,

To answer the question: Could you do it? Sure.

That said, I would not do it. I would wait until it gets into court and the judge orders it done. That way you can get on/in the property.

 

[CANative]

Well, I guess that settles that. Thanks for all the responses. I was just thinking outside the box last night.

BTW, there is no husband (unless one of the two parties agreed to take on that roll... NTTAWWT)

The party of second part called me late last night and accused me of coming on her property. After convincing her I had not left my desk all day, even for lunch, we had a relatively pleasant conversation.

Dad... I don't remember that particular divorce. I remember the one 30 years ago and 25 years ago, and 6 years ago and last years, but not that particular one.:icon_smile:

 

[Sunny Tyner]

Hi Greg -

Am I the only one who caught on that you are dealing with a same sex couple and that your potential client has never had her name on the property in dispute?

Not sure about CA law as I am in FL. This is a hairy legal matter that will require legal council.

I think the request to appraise the property is putting the horse before the cart. She needs a lawyer at this point, not an appraiser.

My .02

Sunny

 

[CANative]

They both have attorney's. When my client and I originally spoke a couple of weeks ago I told her that the attorney's needed to arrange for access and that I be hired by her attorney. But the ex's attorney has been on vacation and I think my client got impatient when she couldn't contact him.

 

[Mike Boyd]

Can I do this

Brat.

I just got a note that "Brat" is too short....has to be 10 characters. OK. Double BRAT.

 

[Fred]

Greg,
No matter how you slice it, this is another "intended use" question, like the ones you post me the pictures of that Autobus thingy for. Either I fell out of that thing or more likely I never got in.

It is relatively common in some circles to get a "preliminary" appraisal where the intended use is to assess the feasibility of litigation or to create starting points for negotiation. Sometimes, a reported value that is only one end of a range is sifficient for such intended users. Any critique that the work is not sufficient to stand alone as evidence in court or at mediation is misgided, because that is not the intended use. It's not even unheard of for attorneys to contract for such work to be communicated with an oral report to avoid creating discoverable documents. (And oh my, there is no "form" for an oral report ).

Good luck, if you decide to hop out and do some of your own driving. :new_ukliam2:

 

[CANative]

The business with the "autobus" was just the grasshopper's attempt at getting more instruction from the master.

It is relatively common in some circles to get a "preliminary" appraisal where the intended use is to assess the feasibility of litigation

I think this is where they are at right now.