Divorce

[glenn walker]

You can only defer to the questions as a witness to fact. But only an "expert" witness can testify an opinion.

As a witness USPAP has some nonsense about requiring a transcript of the testimony which could cost hundreds of dollars to get transcribed. Utter garbage. Carry a small recorder in your pocket and secretly tape the stupid testimony (judges will normally frown on that.) A witness to fact should state no more than is already in the report.

Terrill correct a trick used by opposing attorneys is to try and get the appraiser to start and give opinions and using leading questions. So just yes or no answers are usually best.

 

[ZZGAMAZZ]

T

To be an engaged or employed as an-Expert Witness you cannot be a person or a party who had completed either appraisal. You have to be independent and your opinions un- biased and not and no advocacy for either party. A fact witness is one who testifies only to that of which he or she has firsthand knowledge and who describes only facts (as opposed to expressing opinions).

So why are the CE courses all named "Expert Witness" when they discussion the typical role of the appraiser as engaged by a party to a marital dissolution matter? Also would the appraiser ever be an "expert witness" in an estate appraisal? I'm obviously confused.

 

[sputnam]

the borrower on the appraisal is one of the partners. my little experience has been 1 low appraisal, i high appraisal. don't ask how that always happens, but the judge usually meets in the middle.
i will not do those appraisals, too much trouble in the long run, if you haven't been thru that before. of course nothing may happen. you're appraisal is supposed to be neutral for a loan, but somehow you have learned about the divorce. the perception of any influence isn't easy to defend.

Well... if there are two appraisals.... one of them is going to be higher and the other lower.

 

[Mark K]

As a witness USPAP has some nonsense about requiring a transcript of the testimony which could cost hundreds of dollars to get transcribed. Utter garbage.

I've testified a few times. Never got a transcript and never will. If someone wants one bad enough they can get it from the court. BTW, most transcripts in local courts are recordings of the proceedings and can be obtained on a CD if desired. Don't know (or care) if there's a charge for it or not.

 

[Mark K]

Also would the appraiser ever be an "expert witness" in an estate appraisal? I'm obviously confused.

When an attorney asks a question like..."Mr. Appraiser, why do you think the subject house is in above average condition?" That's an opinion. Or.."In the report you say that the subject is in a superior neighborhood to Comp #2; why is that and exactly how did you arrive at your adjustment?" or "In your experience, is a 3 BR house easier to sell than a 2 BR house?" or "Why does the kitchen in the basement adversely affect the market value?" "Overall has the real estate market improved in the past 24 months, and if so, why?"

Those types of questions are what puts you in the 'expert' chair.

 

[ZZGAMAZZ]

When an attorney asks a question like..."Mr. Appraiser, why do you think the subject house is in above average condition?" That's an opinion. Or.."In the report you say that the subject is in a superior neighborhood to Comp #2; why is that and exactly how did you arrive at your adjustment?" or "In your experience, is a 3 BR house easier to sell than a 2 BR house?" or "Why does the kitchen in the basement adversely affect the market value?" "Overall has the real estate market improved in the past 24 months, and if so, why?"

Those types of questions are what puts you in the 'expert' chair.

So.....does one enter the court as a 'witness to fact" and then become an "expert witness" by answering questions best left unanswered? So confusing. Nobody else but the AF to ask..

 

[glenn walker]

So.....does one enter the court as a 'witness to fact" and then become an "expert witness" by answering questions best left unanswered? So confusing. Nobody else but the AF to ask..

One does not become a expert Witness a expert witness has to be engaged -hired by a party and he cannot be both a fact Witness and a expert Witness as their two separate testimony's.

 

[ZZGAMAZZ]

One does not become a expert Witness a expert witness has to be engaged -hired by a party and he cannot be both a fact Witness and a expert Witness as their two separate testimony's.

Always worried that I might encounter a MMA fighter when I am out drunk in the streets.

Now worried that I would ever come up against you in court!!!!!!!!!!!!!!!!!!!

 

[glenn walker]

Always worried that I might encounter a MMA fighter when I am out drunk in the streets.

Now worried that I would ever come up against you in court!!!!!!!!!!!!!!!!!!!

Remember a Expert Witness does not testify against anyone he/she only shares with the court what he/she has discovered. The only person who is allowed to ask you as an appraiser any questions is a Judge or the attorneys in the case. Unless you are the one being sued you are not on trial an no need to worry.

 

[sputnam]

I don't know of anything in USPAP that requires the appraiser to acquire and keep a transcript of testimony. It requires a summary of testimony OR a transcript. All you have to do is go back to the office and write notes summarizing what you said on the stand.... or... of course, you can get and file a transcript.