Question regarding a drive-by appraisal/litigation

[adia9]

Hello ,
I completed a drive-by appraisal for an AMC in Aug 2023 . The owner is going through litigation now and his attorney asked me to complete the appraisal as a full interior/exterior to testify in December 2023 . Unfortunately , I do not complete appraisals to appear in court due to schedule . I declined his request . Currently , the management company has sent out a bid for the order to complete the full appraisal to the panel.

My question is that if the owner's attorney uses the new appraisal in court , would I still possibly be subpoenaed to appear in court ? And what if the new appraisal came in much lower than my appraisal? Any advice would be helpful . Thank you in advance

 

[Mark K]

My question is that if the owner's attorney uses the new appraisal in court , would I still possibly be subpoenaed to appear in court ? And what if the new appraisal came in much lower than my appraisal? What Any advice would be helpful . Thank you in advance

They can always subpoena you but its unlikely that they would based on the exterior-only valuation.

 

[J Grant]

Hello ,
I completed a drive-by appraisal for an AMC in Aug 2023 . The owner is going through litigation now and his attorney asked me to complete the appraisal as a full interior/exterior to testify in December 2023 based on my opinion of value . Unfortunately , I do not complete appraisals to appear in court due to schedule . I declined his request . Currently , the management company has sent out a bid for the order to complete the full appraisal to the panel.

My question is that if the owner's attorney uses the new appraisal in court , would I still possibly be subpoenaed to appear in court ? And what if the new appraisal came in much lower than my appraisal? Any advice would be helpful . Thank you in advance

Don't worry about it until it happens, and it might not happen. If they do, call your E and O company for advice.

 

[Elliott]

When I get a subpoena (and I'm very good at avoiding them), I have a conversation about it. If I'm a "witness of fact," and getting $7.50 to show up, then I will bring the report in a sealed envelope only the judge can open and that's about it. If I'm called as "an expert witness" then my fee is $$$ per hour, plus travel and time, and I am a much more complete witness. Its their choice.

 

[J Grant]

Hello ,
I completed a drive-by appraisal for an AMC in Aug 2023 . The owner is going through litigation now and his attorney asked me to complete the appraisal as a full interior/exterior to testify in December 2023 based on my opinion of value . Unfortunately , I do not complete appraisals to appear in court due to schedule . I declined his request . Currently , the management company has sent out a bid for the order to complete the full appraisal to the panel.

My question is that if the owner's attorney uses the new appraisal in court , would I still possibly be subpoenaed to appear in court ? And what if the new appraisal came in much lower than my appraisal? Any advice would be helpful . Thank you in advance

Why would you assume the new appraisal will come in much lower than yours? Maybe it will be higher. Maybe it will be about the same.
If you do get called into court if the other appraiser has a different value, your defense is you did not see the interior and the value might have been different had you inspected the interior.

It is odd that the AMC is shopping the 2nd order around for the attorney, the attorney should just select an appraiser but none of that has anything to do with you, just my thoughts on it,

 

[Terrel L. Shields]

would I still possibly be subpoenaed to appear in court

Yes, whether you prepare the report or not. But you cannot serve two masters, so make the AMC tell you who the intended user and the intended use is. If the bank orders it for the borrower, then the intended user should NOT include bank and the borrower does not exist, and if the intended user is anyone but the bank, then the 1004 is NOT the report format you want to use. The intended use is litigation.