Intended User for Divorce Appraisal

[Rutty Smith]

Who do I designate as the intended user in my first divorce related assignment.
Is it:
A) the homewoner
B) the court
C) the lawyers
D) All of the above
E) Other

Any input would be appreciated.

 

[Laura Harper]

Who ordered the appraisal? I have had orders from both lawyers and court actions. When it is ordered by the lawyer he/she becomes the intended user for the intended use of a court action (in this case divorce) and list the names of the parties involved.

 

[Rutty Smith]

The homeowner was referred to me by family friend. The wife contacted me.

 

[Pat Butler]

Ask your client. Typically, my clients wants themselves, their attorney, and their spouse as an intended user. The issue with the spouse primarily comes from your conversation with your client. If they intend on giving a copy of the appraisal to the spouse then you know in advance that the spouse needs to be an intended user. I try to limit the number of intended users but I'm stuck with the people who are identified by my client. That's why the spouse usually makes it in there- like it or not. I'll also include a statement of "and anyone deemed by the court to be an intended user."

 

[Lee Lansford]

USPAP

2005 USPAP, page 3, lines 104-106:

"INTENDED USER: the client and any other party as identified, by name or type, as users of the appraisal...report by the appraiser on the basis of communication with the client at the time of the assignment."

 

[aussie ken]

Hi Rutty. Its still not clear from your response who the instructor is. Are you doing the job for the wife?

 

[xm39hnu]

Tell the wife to ask her attorney whether she should be the client or whether the attorney should be.

The difference is that if the attorney is the client, then the appraisal is attorney work product and is not subject to discovery by the other side. If the wife is the client, then the report is discoverable. Should the report fail to support the wife's side, the attorney might not want the other side to find out about it.

 

[Lee Lansford]

Remember folks...just because someone is going to receive a copy of your appraisal report does not indicate that the party has to be an Intended User!