"Expert Witness"

[Tiffany Gibbons]

Assignment results are confidential. They are only to be disclosed to the client; parties authorized by the client; state appraiser regulatory agencies; third parties as may be authorized by due process of law; or a duly authorized professional peer review committee. Per USPAP, in the situation described, you either need the Client's permission or there has to be due process. Due process would be a court order or subpoena.

It's unlikely that a Client would try to discipline you for sharing...but they could.... And a sharp lawyer on the other side would use the violation as part of trying to discredit your appraisal.

Easy to discredit since it was done for a mortgage loan, not litigation purposes.

 

[Tom D]

in court, tenant of the subject property & the owner are having one argument about the rent amount, which you valued it. the kind attorney, who is willing to pay you, would subpoena you anyway. please explain the confidentiality involving discussing rent amount in a court of law involving the owner & tenant.
the reason you have to do this, even as a new assignment, is that i bet the tenant's attorney has rents to contradict you. for this reason alone, i would go to defend my opinion. the judge thinks you rent is too high, you is then gonna get sued by the tenant and owner. confidentiality pays well. this is also why you overdo your new report to stop any doubt of it being incorrect.

 

[djd09]

in court, tenant of the subject property & the owner are having one argument about the rent amount, which you valued it. the kind attorney, who is willing to pay you, would subpoena you anyway. please explain the confidentiality involving discussing rent amount in a court of law involving the owner & tenant.
the reason you have to do this, even as a new assignment, is that i bet the tenant's attorney has rents to contradict you. for this reason alone, i would go to defend my opinion. the judge thinks you rent is too high, you is then gonna get sued by the tenant and owner. confidentiality pays well. this is also why you overdo your new report to stop any doubt of it being incorrect.

this is not the appraisers problem...if they want to sue it would be thrown out based on standing...it aint the state board kangaroo courts

 

[Elliott]

OP said, "It's unclear to me why exactly this may go to trial, IMO non-payment is non-payment and if the tenants agreed to the rent initially it seems like an invalid argument."

I can understand in the attorney's mind its a good idea to establish the old market rent (be careful he doesn't then ask you what rents have done since the appraisal was done), but doesn't seem germane to the case in chief, it just seems part of the foofoo attorney's do to increase their billable hours. I always get a kick out of an attorney calling me, spends 3-minutes on the phone talking about a case and knowing they bill in quarter hours.

 

[Tiffany Gibbons]

this is not the appraisers problem...if they want to sue it would be thrown out based on standing...it aint the state board kangaroo courts

It was not done for the owner. Their attorney doesn't have standing to issue supenoa. Has the owner filed a Forceable Entry and Detainer Warrent? How many months is the rent deliquent? Late fees charged? How much? Is any part of the rent paid by public housing assistance? Are there children that live there? Any utilities included in rent? Any needed repairs?

 

[Tiffany Gibbons]

Delete.

 

[djd09]

the scum bag lawyers can pull up their own rentals...they do not need you

 

[sputnam]

confidentiality...nope...just a new assignment with a disclosure of prior service

It's not a new appraisal assignment if you are testifying about an already completed appraisal. The parties want your testimony but, do not want to pay you to redo the appraisal. You can say 'No'. Or, you can insist that it's a new appraisal... in which case the attorney may say 'No'. Or, you can agree to testify but, require the attorney or the court subpoena you.

 

[J Grant]

When an AMC orders an appraisal, aren't they considered 'my' client on that assignment? Maybe I'm not understanding your question?

Your client is typically the lender ( which is on page one of the report under client).

The AMC is the agent of the client.

 

[Webbed Feet]

It's not a new appraisal assignment if you are testifying about an already completed appraisal. The parties want your testimony but, do not want to pay you to redo the appraisal. You can say 'No'. Or, you can insist that it's a new appraisal... in which case the attorney may say 'No'. Or, you can agree to testify but, require the attorney or the court subpoena you.

Wow! This is still so much fun after being away for years to come back to the forum just to correct errant posters! The poster you replied to was correct. The attorney needs to be informed about appraiser services. There is no need to either testify regarding the prior appraisal report, "redo" any market value service, or "appraisal" (An appraisal is an opinion of value). Because the issue is regarding market rents, not market value. So the well informed appraiser could see opportunity for a new assignment thereby avoiding all problems regarding the prior appraisal services. So no, nobody has to "insist that it's a new appraisal" at all. More, the attorney being properly advised, most likely needs a different effective date than that of the prior appraisal report. It should be an easy matter to show the attorney the superior advantages a new service would bring to them and their client, which would be many. The original poster, if interested in litigation work, should first be researching and learning about engagement contracts for appraiser litigation work before accepting assignments for such things. I would also very much recommend a serious study of the USPAP and state administrative rules through a lens of litigation, and the interviewing of appraisers that routinely do such work prior to proceeding.