Divorce Appraisal-Any Boiler Plate

[The Warrior Monk]

Ditto Pat on the issues. Intended User(s) is Mr./Mrs. XXXX, Esq., of (name of firm), legal counsel for (name of plaintiff/defendant). Plaintiff/defendant is never mentioned as intended user, nor do I want to deal with them, and no attorney/judge has ever had to deal with had an issue with the matter.

It's been emphasized to be by more than a few attornies that so long as they order the appraisal then it's not likely to be discoverable. That's usually because the information in the appraisal can be obtained by the opposing party doing their own work. It's only when the work product is so unique and contains information that's not available elsewhere that it might be discoverable.

I was not aware of that. But I have noticed that when I prepare a review, the attorney uses it for his/her own use in the courtroom, yet the other side never sees it.

 

[The Warrior Monk]

I don't use forms for divorce appraisals...same deal as Pat...go line by line through Stds 1&2. I wouldn't say I use boilerplate, but rather templates. The only true boilerplate is sections such as value definitions, which rarely change.

 

[Brian Weaver]

Pat;

We all know that the appraisal is a negotiating tool before a trial or dep. Nobody orders or pays for one with an "eyes-only" intent. Poor clients can't afford to spend money on things they won't use. Lawfirms can save a bundle by getting some broker or agent to offer an opinion as to value for free. Believe me, when someone is paying they fully intend to use it. Whether it goes the distance is always another story.

I never had a law client order a report that they weren't prepared to offer if pressed.

Lawyers will tell you all day long that the appraisal will never see the light of day.

 

[Ray Miller]

Pat;

We all know that the appraisal is a negotiating tool before a trial or dep. Nobody orders or pays for one with an "eyes-only" intent. Poor clients can't afford to spend money on things they won't use. Lawfirms can save a bundle by getting some broker or agent to offer an opinion as to value for free. Believe me, when someone is paying they fully intend to use it. Whether it goes the distance is always another story.

I never had a law client order a report that they weren't prepared to offer if pressed.

Lawyers will tell you all day long that the appraisal will never see the light of day.

Have to agree.

I have been called into depositions where the opposing attorney has a copy of my appraisal in is greedy little hands, trying to find holes in my report.

 

[Wayne Tomlinson]

Most of the times that I have been in court, I have had the other sides
report(s) and they have had mine.

Is that unusual or is middle Illinois different?

Wayne Tomliinson

 

[Don Clark]

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 agree. I use the KISS theory:


INTENDED USERS/INTENDED USE:

THE INTENDED USER OF THIS APPRAISAL REPORT IS THE CLIENT NAMED IN THE REPORT. THE INTENDED USE IS TO EVALUATE THE PROPERTY THAT IS THE SUBJECT OF THIS APPRAISAL FOR SETTLEMENT OF THE MARITAL ESTATE OF (HUSBAND & WIFE), SUBJECT TO THE STATED SCOPE OF WORK, PURPOSE OF THE APPRAISAL, REPORTING REQUIREMENTS OF THIS APPRAISAL REPORT FORM, AND DEFINITION OF MARKET VALUE. NO ADDITIONAL INTENDED USES OR USERS ARE IDENTIFIED BY THE APPRAISER. IF THE APPRAISER IS REQUESTED TO APPEAR AT ANY PROCEEDING, COURT OF LAW, OR ADMINISTRATIVE HEARING ON BEHALF OF THE CLIENT OR AT THE REQUEST OF ANY PARTY, THE APPRAISER WILL DO SO ONLY AS AN ADVOCATE FOR THE APPRAISERS OWN WORK, OR AS AN EXPERT WITNESS. THE APPRAISER WILL NOT GIVE TESTIMONY WITHOUT PRE-ARRANGED COMPENSATION.

 

[Dale Smalley]

Make sure you add HIS and HERS values to the addendum.

 

[Joker]

My experience is the same as Pat's. Attorneys have told me that if they hire me and they don't choose to share the appraisal, they don't have to. One of my litigation courses taught by an attorney/MAI instructed us to do the same thing for that very reason. I also have firsthand knowledge from personal experience.

And Joyce, if an appraiser only charges $350 then perhaps there might be some boilerplate. There may be some other areas of concern. You often get what you pay for. Boilerplate can get you in trouble in litigation. Keep it simple and direct.

 

[Joyce Potts]

My experience is the same as Pat's. Attorneys have told me that if they hire me and they don't choose to share the appraisal, they don't have to. One of my litigation courses taught by an attorney/MAI instructed us to do the same thing for that very reason. I also have firsthand knowledge from personal experience.

And Joyce, if an appraiser only charges $350 then perhaps there might be some boilerplate. There may be some other areas of concern. You often get what you pay for. Boilerplate can get you in trouble in litigation. Keep it simple and direct.

Hopefully by tomorrow, I will a final decision by the U.S. Federal Court as to just how boilerplated language can save your arse.

 

[PropertyEconomics]

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.

If one is smart, they should ALWAYS have the attorney as their client. The appraisal then becomes the work product of the attorney and is not necessarily subject to discovery. If one of the parties to the divorce listed as the client, the appraisal is absolutely discoverable.
One should really consult with an attorney before doing these types of assignments and get their feedback and scope prior to completion of the report. Let them tell you who the client is.
As for boilerplate work .. do it at your own peril. It typically shows how lazy one is in doing the job. Im constantly amazed at how so many think what we do is just cut and past and form fill. Simply amazing.