"Expert Witness"

[sputnam]

The attorney is going to subpoena me, which means I have to show up in person to court with a colored copy of the appraisal. Once I receive the subpoena, I am covering my bases and getting my E&O involved. I've never done this before and have no idea if I can even answer their questions since they are not my client. Ugh.

If you are subpoenaed... then yes, you can answer the questions. If you are unsure, say so and let the judge instruct you. If the judge says answer... you answer. The attorney is unlikely to attack your conclusion. Even the worst attorneys know that appraisals are opinions... and therefore, unassailable. If there are any 'hard' questions they will be about your methods, data sources, verification, etc.

 

[Nancy Heiss]

Logically one would have to assume that the tenant would have to present some kind of evidence to support the claim that the rent is too high. I would have asked the attorney why they needed my testimony. Without having to explain and/or defend your opinion of market rent. What purpose would your testimony serve.

My question exactly. Why do I need to testify? You'll remember that originally the attorney wanted me to tell 'my process'. He never mentioned wanting to know how I determined value or the rental survey results.

 

[Nancy Heiss]

I never heard of eviction involving an appraiser who did a mortgage loan.
I personally am good in appraising real estate, not figuring accurately the rents (I admit it because it's difficult with limited rental sources I have). I don't know why lawyer wants you in court.
Property manager in area would be more familiar and knowledgeable of the rents in that area.
Is lawyer using you as the Rent Expert?

He never mentioned being a Rent Expert. He wanted to know 'my process'.

 

[Tom4value]

As of almost 5:00 pm, I have not received the subpoena. Attorney had texted that the court date is Jan 10th, but they wouldn't need me until the 12th. Once I get the subpoena (IF I get it), I am forwarding it to my E&O company. Thank you for your words of wisdom and calm voice.

Smart!
When in doubt, always contact the E&O company.

I had to deal with a similar situation about 20 years ago. I did an appraisal for a refinance and two years later, the couple were getting divorced. One side wanted to use my appraisal for division of assets and wanted to ask me questions (suboena). Before the attorney got one question out, the other attorney objected and sited my disclosure that the intended use was for mortgage financing only. I didn't have to say a thing!

 

[Tiffany Gibbons]

I never heard of eviction involving an appraiser who did a mortgage loan.
I personally am good in appraising real estate, not figuring accurately the rents (I admit it because it's difficult with limited rental sources I have). I don't know why lawyer wants you in court.
Property manager in area would be more familiar and knowledgeable of the rents in that area.
Is lawyer using you as the Rent Expert?

Plus, nobody forced them to sign a lease. Renter's regret? Rents are higher and lower than market all the time. It wasnt rented when she appraised it, fee simple, now there is leased fee and lease hold. I'd flat out refuse on the grounds it is essentially a different property than was appraised for mortgage purposes only for a different client. We've seen people ignore supenoas and nothing happen.

 

[Terrel L. Shields]

why do I need to testify?

It's called a "hearing" because it is presented orally. Latin testificāre. lt means to witness...and in ancient times you literally swore with your hand upon your testicles ... donno how that works for women In the bible it describes it has swearing upon your thigh or loin. "Putting the hand under the 'thigh appears to have been a very ancient custom, upon occasion of taking an oath to anyone. Abraham required this of the oldest servant of his house, when he made him swear that he would not take a wife for Isaac of the daughters of the Canaanites" (Ge 24:2-9).

 

[Tiffany Gibbons]

It's called a "hearing" because it is presented orally. Latin testificāre. lt means to witness...and in ancient times you literally swore with your hand upon your testicles ... donno how that works for women In the bible it describes it has swearing upon your thigh or loin. "Putting the hand under the 'thigh appears to have been a very ancient custom, upon occasion of taking an oath to anyone. Abraham required this of the oldest servant of his house, when he made him swear that he would not take a wife for Isaac of the daughters of the Canaanites" (Ge 24:2-9).

Whatever. She doesn't need to testify. Her E & O should assist her or she should switch to another E & O provider. I personally would be unreachable. That attorney's number would have been blocked long ago. All these threats of a supenoa. Pftt.

 

[OSU Beavers]

My question exactly. Why do I need to testify? You'll remember that originally the attorney wanted me to tell 'my process'. He never mentioned wanting to know how I determined value or the rental survey results.

The other side wants to make you testify so they can impeach you on the stand and try to discredit your report.

If testifying remotely, be sure to Charge for your stand-by time.

 

[alavalue]

Happy New Year All!

An attorney called me yesterday to find out if I was willing to be 'an expert witness' in a case involving a home I appraised in May 2023. The owners are trying to evict the tenants, apparently for non-payment of rent. The tenants are claiming the rent is too high. The owners used the rent estimate I provided on the report. 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. At any rate, the attorney was planning on having me testify remotely, if necessary, as to my appraisal process. Does anyone see a reason why I should not agree to this? My rental comps support the rent, and there were a couple others I did not use that also support it, so I don't think my estimate would cause any issue for me. Thoughts? What is a typical fee for expert witness?

Nancy, an expert is independent of all others whose testimony is supplied to assist the court in its findings of fact related to the case. The lawyer wants you to be an advocate for his client's case.

 

[Fernando]

Read your engagement letter from your client for the report you done.
I was reading mine today and didn't realize the confidentiality required from me with many details in what I can and cannot do with my privy information on the report.