Divorce Appraisal

[litch96]

I just finished USPAP Class and ran across a case study

"An individual may provide an appraisal as part of appraisal practice or litigation support services as a non-appraiser. The key here that is the individual may not provide both services in the same case.


In other words, an appraiser may perform an appraisal review as a part of appraisal practice. In this situation, since the individual is acting in the role of an appraiser, they may not also perform as an advocate. The Comment to Standards Rule 3-2 specifically states:


A reviewer must not advocate for a client’s objectives.


Separately, as a part of another case, this individual might provide litigation services as an advocate for the client’s cause. This would be a valuation service outside of appraisal practice.


An appraiser may provide litigation services by either acting as an appraiser or acting as a non-appraiser advocate for the client’s cause; however, they must not perform both roles in the same assignment."

I have provided an appraisal for a divorce and the attorney has requested me to go through the other appraisers report. I assuming I cannot do this.

 

[shrubberyvaluation]

I just finished USPAP Class and ran across a case study

"An individual may provide an appraisal as part of appraisal practice or litigation support services as a non-appraiser. The key here that is the individual may not provide both services in the same case.


In other words, an appraiser may perform an appraisal review as a part of appraisal practice. In this situation, since the individual is acting in the role of an appraiser, they may not also perform as an advocate. The Comment to Standards Rule 3-2 specifically states:


A reviewer must not advocate for a client’s objectives.


Separately, as a part of another case, this individual might provide litigation services as an advocate for the client’s cause. This would be a valuation service outside of appraisal practice.


An appraiser may provide litigation services by either acting as an appraiser or acting as a non-appraiser advocate for the client’s cause; however, they must not perform both roles in the same assignment."

I have provided an appraisal for a divorce and the attorney has requested me to go through the other appraisers report. I assuming I cannot do this.

I just finished USPAP Class and ran across a case study

"An individual may provide an appraisal as part of appraisal practice or litigation support services as a non-appraiser. The key here that is the individual may not provide both services in the same case.


In other words, an appraiser may perform an appraisal review as a part of appraisal practice. In this situation, since the individual is acting in the role of an appraiser, they may not also perform as an advocate. The Comment to Standards Rule 3-2 specifically states:


A reviewer must not advocate for a client’s objectives.


Separately, as a part of another case, this individual might provide litigation services as an advocate for the client’s cause. This would be a valuation service outside of appraisal practice.


An appraiser may provide litigation services by either acting as an appraiser or acting as a non-appraiser advocate for the client’s cause; however, they must not perform both roles in the same assignment."

I have provided an appraisal for a divorce and the attorney has requested me to go through the other appraisers report. I assuming I cannot do this.

The way I'm reading it is you can review the other report as an appraiser but not as an advocate if you are already acting as an appraiser for the client. Whether the review helps the case of your client should not be your concern.

 

[litch96]

Ok so it is my view that I cannot make comments as to what is wrong with other report for the attorney to use in court...since I provided a report?

 

[shrubberyvaluation]

Ok so it is my view that I cannot make comments as to what is wrong with other report for the attorney to use in court...since I provided a report?

I'm not an expert but I'd think a scope of finding things wrong to be used in court is advocating. A review with a scope of work that is needed by your client that they might be able to use to advocate for their cause would be different. Obviously the client is going to want whatever will aid their case. It's an ethical thing that if you are acting as an appraiser you are impartial.

 

[litch96]

I guess Im confused by the reference to review? As they are wanting me to go through the other report.

 

[TerryRohrer]

You can review the other report, as that is a function of an appraiser. I typically do not review a report from the other side, but do offer my client my time to suggest questions they should ask of the other appraiser along with a broader explanation as to why the question is important as well as followup questions dependant on the response. Few outside the population of competent, ethical appraisers truly understand what we do and why we do it, or whether a given appraisal is credible and supported. Only an appraiser can identify where the holes in an appraisal are hidden,, and why or if they matter.

Note that you will likely be asked if you reviewed the other report if you testify (if the other attorney is competent). In my view, you do not want to be discussing your review of their report on the stand while defending your own report. I have, in some cases, advised an attorney to hire another to do a formal review. In that event, your questions provided to your client can specify areas the attorney wants the reviewer to focus on.

 

[litch96]

Ok but to my question isnt that advocating?

 

[Ricky LaFleur]

I have provided an appraisal for a divorce and the attorney has requested me to go through the other appraisers report. I assuming I cannot do this.

Ok so it is my view that I cannot make comments as to what is wrong with other report for the attorney to use in court...since I provided a report?

Read over AO-21: Illustration #4.

"[You] may provide litigation services by either acting as an appraiser or acting as an advocate for the client’s cause; however [you] must not perform both roles in the same case."​

 

[litch96]

Also can you provide examples of questions you have suggested

 

[Ricky LaFleur]

Ok but to my question isnt that advocating?

I believe there's a lot of unsettled debate with how to interpret the role of an appraiser in regards to litigation assignments. I believe that @TerryRohrer is an experienced and competent appraiser based on the posts I read, however, the post about assisting the attorney with cross-examination strategy may be considered advocacy by others. To be clear, I've been instructed to do the same by several other experienced appraisers as well as my mentor, with the added emphasis to do it while remaining unbiased and objective. More than likely, the attorney that hires you has probably expected that and received that assistance from other appraisers before.