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Divorce Appraisal-Any Boiler Plate

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Smokehouse

Junior Member
Joined
May 7, 2003
Professional Status
Certified Residential Appraiser
State
Florida
Do any of you have any addendums that you include on appraisals for the purpose of a divorce with regards to intended use/uses etc...


Thank You!
 
No "boiler-plate".

I merely identify the Intended Use and the Intended User(s)...this, after consulting with my client.
 
Scope of Work

Don't forget to list the presiding judge as an intended user as well as the person the client is representing.


The intended user is the herein stated client(Attorney), Joan and/or John Introuble, and the presiding judge. This appraisal may be inappropriate for other users and will put them in jeopardy. Therefore, this appraisal may not be used or relied on by anyone other than the stated intended user, regardless of the means of possession of the report, without the express written consent of the appraiser. The appraiser, appraisal firm, and related parties assume no obligation, liability, or accountability to any third party without such written consent.
 
No boiler plate, all narrative, case specific.
 
I never list the presiding judge. It is his courtroom and once inside his word is the law...if he says he is a user, whether I say it or not on the report, he's a user.
 
Don't forget to list the presiding judge as an intended user as well as the person the client is representing.

Doug, when you include the judge as an Intended User, are you aware of any special requirements that the judge may have regarding your appraisal?

For example, what if the judge requires the inclusion of the Cost Approach? Would you be aware of this requirement?

I ask because I do not include the judge as an intended user.
 
I don't either. Generally, my intended user is one attorney. They may or may not care to share my appraisal or use it in court.
 
Who are you representing, is the client. I would not state the Attorney as the client possibly as a user. The client should be the homeowner. Parties can hire another attorney; but the client does not change. Make sure the report states the assignment ends with acceptance of the report. In the event the author of the report is required to perform expert testimony this is another service an constitutes another professional fee.
 
I never put the judge in either. If the Attorney orders the appraisal I put them as the client and name the attorneys client also as intended user.

If the wife or hubby orders I put them as the client and also name the attorney as intended user. And all is put in an engagement letter prior to commencement of work.
 
avoid he said -she said squabbles which typically escalate your liability.

ALWAYS have the Attorney for a. either side who contacts you or b. JOINT representation or c. Mediator .........HIRE YOU as the Client.

Intended User a. either side b. or both.

Intended Use: Develop, and Render, an Independent, Objective, Opinion of Market Value (include def in SOW ) for the Fee Simple Interest (if that's the case) in the Residential Real Property that is the Identified Subject of this Assignment pursuant to pending Dissolution of Marital Assets during Divorce Proceedings.

Be Certain NOT to use ANY fannie form nor mortgage lending verbiage OR GUIDELINES.

USPAP RULES AND STATE APPRAISAL LAWS APPLICABLE - ONLY !@@@@. [ CITED IN SCOPE OF WORK ]

Court Jurisdiction / Judge unnecessary as Venues can change.
 
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