Disclosure: Appearance of Conflict between Appraiser and Listing Agent [who is the same person]

[Fernando]

My question is would /should I review the opposing appraisal ?

I don’t want to get another appraiser in hot water but my hunch is she twisted an arm to get it low . I also don’t want to be accused as being an advocate as I have simply done my job professionally and independently. My appraisal is rock solid and nearly every other metric out there is in line with my value - I’m in the dead middle of any reasonable range so not worried one bit about my own work , however genuinely curious what the other parties report looks like. My hunch is I can pick it apart fairly easily but in me reviewing it does that cross into a gray area ?

I don't get it. Each spouse hires their own appraiser.
And your client is not happy with your value?

 

[Dublin ohio]

This is slightly off topic but I didn’t want to start a new thread . I conducted an independent appraisal for separation proceedings . The spouse is a licensed agent and has reached out several times with threats if I don’t reconsider the value and use her comps . The two appraisals are very close - within 4% of reach other . I don’t want to ask my client to review her appraisal as I don’t want to appear at all as an advocate but I’m obviously curious if the opposing appraisal is chocked full of errors and omissions as my hunch is she pressured someone to low ball the home . Of course her threats include the local board . Any advice on how to proceed would be appreciated.

What are her "comps" like. As far as how to proceed I am guessing her threats have all been phone calls so no proof of her threats. Not sure how NC handles complaints, but the fact that it is for a separation and the spouse is obviously looking for a low value, what grounds would she have to file a complaint? Let the court decide it and like Elliot said, with that minor of a difference the judge will probably just split the difference

 

[jhornet88]

I don't get it. Each spouse hires their own appraiser.
And your client is not happy with your value?

My client is fine with the value . The opposing party is not. She appears to be an emotional train wreck who only believes her value is correct even though they are close . I was hired to perform my own independent appraisal not hired to review the other parties but since I’ve been threatened countless times should I review theirs to potentially point out flaws or does that mean I go from being independent to advocate ? I don’t want to be accused of bias or like I’m advocating but I’m also being threatened at the same time .

 

[jhornet88]

What are her "comps" like. As far as how to proceed I am guessing her threats have all been phone calls so no proof of her threats. Not sure how NC handles complaints, but the fact that it is for a separation and the spouse is obviously looking for a low value, what grounds would she have to file a complaint? Let the court decide it and like Elliot said, with that minor of a difference the judge will probably just split the difference

She was dumb enough to threaten me in writing via email multiple times . Her comps are track homes with zero upgrades .. her home is a track home with $50,000 worth of upgrades . All my Comps contain similar upgrades .

Point is - I’m guessing she hired a guy / told him what Comps to use and he didn’t account for quality differences / upgrades . I can’t prove my hunch until reviewing her appraisal and my client is probably not versed well enough to discover that on their own . Basically I’m just curious what they used and most importantly what they probably willfully ignored .

 

[Fernando]

Appraising is withing a range. To be 4 percent off is not that bad.
She's not your client.

 

[Sandra Koutsopoulos]

So... you want to see the other guy's appraisal...? Why? Have you been hired to do an appraisal review? I'm guessing that would be a "NO!"
Not your beeswax. You did what you were hired to do. You are not the judge nor jury. You are not an advocate for anybody (except perhaps to yourself for the quality of your own work). Clearly the principals in this blessed soon-to-be-rent-asunder marriage have their own issues. When in the presence of a live grenade....leave the scene quickly to avoid the flak.

 

[ZZGAMAZZ]

My question is would /should I review the opposing appraisal ?

I don’t want to get another appraiser in hot water but my hunch is she twisted an arm to get it low . I also don’t want to be accused as being an advocate as I have simply done my job professionally and independently. My appraisal is rock solid and nearly every other metric out there is in line with my value - I’m in the dead middle of any reasonable range so not worried one bit about my own work , however genuinely curious what the other parties report looks like. My hunch is I can pick it apart fairly easily but in me reviewing it does that cross into a gray area ?

I often ask the AF about that potential conflict of interest, which every McKissock CE course pertaining to appraising for legal matters describes as an absolute unacceptable dual role, although in my scant experience it is done routinely. I'm thinking that the appraiser's abiity to do so ethically and legally is simply based upon the way the appraiser's dual role is "described" contractually in the Engagement between appraiser and legal counsel. Maybe that's the reason that the appraiser's formal cllient might be the law firm or it might be the litigant who is the law firm's client. Maybe the AF will answer your question; hopefully so...

 

[ZZGAMAZZ]

So... you want to see the other guy's appraisal...? Why? Have you been hired to do an appraisal review? I'm guessing that would be a "NO!"
Not your beeswax. You did what you were hired to do. You are not the judge nor jury. You are not an advocate for anybody (except perhaps to yourself for the quality of your own work). Clearly the principals in this blessed soon-to-be-rent-asunder marriage have their own issues. When in the presence of a live grenade....leave the scene quickly to avoid the flak.

Seems obvious, but I got a hundred examples of marittal diss cases in which the appraiser provides a report with an OV, and also advises the legal client how to discredit opposing counsel's appraiser/appraisal. Wish I knew the answer, 'specially bc I done watched enough old Jimmy Stewart movies that I''m about to make a move on the legal community to announce my involvement in that arena...

 

[Sandra Koutsopoulos]

re: spouse spats...
I recently saw a quip: "You don't have to attend every fight you're invited to."
I like that one; quells the drama.

 

[J Grant]

This is slightly off topic but I didn’t want to start a new thread . I conducted an independent appraisal for separation proceedings . The spouse is a licensed agent and has reached out several times with threats if I don’t reconsider the value and use her comps . The two appraisals are very close - within 4% of reach other . I don’t want to ask my client to review her appraisal as I don’t want to appear at all as an advocate but I’m obviously curious if the opposing appraisal is chocked full of errors and omissions as my hunch is she pressured someone to low ball the home . Of course her threats include the local board . Any advice on how to proceed would be appreciated.

how to proceed with what?
If she is not your client, ignore her, perhaps send a text or email that it is not appropriate for you to be speaking with her about the appraisal and please do not contact me again about it.

Call her bluff about filing a complaint. She probably won 't, and if she does, I doubt it will go anywhere.