- Joined
- Jan 15, 2002
- Professional Status
- Certified General Appraiser
- State
- California
Knowing which side the appraiser is working for doesn't create an ethical problem. In almost all our other work we understand who the client is, so there's nothing unusual or atypical about it also occurring in an appraisal for a divorce.Hi,
When I got divorced, my attorney made it a significant focus that the appraiser knew which attorney hired him and that it was a joint appraisal, but the appraiser did not know which client the attorney represented. Hence, when the appraisal happened, the appraiser did not know if I was represented by the attorney that hired him or the if the attorney that hired him was representing my ex.
I have a friend going through a divorce, and that principle does not seem to be on the radar for either of the attorneys in my friend's case. Not only does the appraiser know who is represented by which attorney, but the attorney and that attorney's client had extensive communication with the appraiser prior to the appraiser being hired.
Is there a written standard about this anywhere? Is there an industry practice when it comes to a joint appraisal that the appraiser should not know who is represented by the hiring attorney in order to preserve the credibility of the appraisal?
Thanks
Simply being aware of what your client wants isn't inherently a problem either, even if they go to the trouble of trying to control the appraiser's opinions. Our role is to call it straight down the middle regardless of what anyone wants, including our own client. Now that's not to say that there aren't appraisers who break the rules and take sides despite knowing better; (regrettably) there are. That's one reason why it's not unusual for there to be two different appraisals for the court to review.
The courts are accustomed to the occurrence of conflicting expert opinions and sifting through them to see which appears most reasonable.