Intended users?

[KenRossman]

Am appraising an SFR "as of" multiple dates by court order (NY Supreme Court) in a matrimonial action. The court has directed the husband and wife to pay me 50% each. Have done a ton of these but none recently (post intended use/user reporting requirements).

Am I correct in assuming the Court/appointing justice is my client and the husband and wife would also be intended users? What about the attorneys? Plaintiff's and Defendant's attorneys were both copied on the court order.

 

[Couch Potato]

I would say the court is indeed the client, as they ordered the appraisal. (Made you an offer you couldn't refuse. ) The intended users would be those who will receive the report and make a decision. It could just be the judge, but maybe the couple and attorneys. Were they copied on the order simply to keep them informed of what the judge is going to do, or because the judge wants them to get the report from you and make a decision?

 

[Brian Weaver]

This is right out of one of my "divorce" appraisals as intended users:
"Mr. & Mrs. Sachnoff, their counsel, and the presiding judge."

Counsel changes...presiding judges can change...a lot...but the primary parties never do.

 

[Don Clark]

USPAP Answer

Am appraising an SFR "as of" multiple dates by court order (NY Supreme Court) in a matrimonial action. The court has directed the husband and wife to pay me 50% each. Have done a ton of these but none recently (post intended use/user reporting requirements).

Am I correct in assuming the Court/appointing justice is my client and the husband and wife would also be intended users? What about the attorneys? Plaintiff's and Defendant's attorneys were both copied on the court order.

Page U-3, 2008 USPAP, Lines 94-96, Definitions section:

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

Who hired you? That is your client. Knowing that, then ask your client who should be an intended user of the appraisal report. The fact that the husband and wife are paying you has no relevance as to whether or not they are intended users of the appraisal report. It would be my opinion if I were the appraiser hired by the court, that the court would intend that the parties as well as their legal counsel would be intended users. But, it would not hurt to confirm that with the court.

 

[Couch Potato]

I particularly like the use of naming the lawyers and judge by type, rather than name, Brian. Attorneys and Judges do have a tendency to call for a "relief pitcher" from time to time.

Page U-3, 2008 USPAP, Lines 94-96, Definitions section:

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

Is that a typo, or just a warning of reality?

 

[KenRossman]

Couch -

The order is lacking in guidance, doesn't state who to send the report to or even give the courts address, just appoints me to provide two appraisals and orders the attorneys to contact me & arrange for the appraisal/access. It also directs the husband and wife to pay me.

I have a call in to the judge's law secretary for more info/direction...

 

[Couch Potato]

If the judge asked for two reports, along with instructions to give them to the attorneys, combined with the fact the couple is to pay for them; I'd use Brian's suggestion. There are instances where a report will be financed by the litigants, but just go to the judge; however, this does not sound like one of those to me.

 

[Don Clark]

I particularly like the use of naming the lawyers and judge by type, rather than name, Brian. Attorneys and Judges do have a tendency to call for a "relief pitcher" from time to time.Is that a typo, or just a warning of reality?

Just a typo but could be a warning as well:laugh:

 

[Brian Weaver]

What you're producing in court is a discoverable document that, at the end of the proceeding, will be open to the public.

Remember, even if an attorney thinks he's clever by hiring you to do an appraisal that will "never see the inside of court room"...is baloney. Appraisal reports are NOT covered as attorney work product.

I once had an attorney move to "seal" my report as it "damaged" his client's cause. The judge said that there was absolutely NO legal basis to seal the appraisal.

In your case, only the court can issue a JE; not any attorney.

 

[Brian Weaver]

And, no...it's no typo.

Here in Cook County it isn't uncommon for a divorce judge to be changed three or four times. Even if a couple has been heard by one judge for two years prior to trial...once they get to court...I've been moved to three different court rooms, each with a different judge. Depends upon the caseload. The final judge may be hearing all of the issues for the very first time on the day of trial.

As for lawyers...they tend to get themselves fired off of cases they don't like. Some craft entire careers around taking a big retainer up front...then getting themselves fired by second status call.