• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Relating to deposition

Status
Not open for further replies.

Atlanta CG

Thread Starter
Senior Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
Georgia
This question has always bothered me, after hearing about one appraiser on the stand being grilled by the opposing attorney. If the attorney asks, "Could you possibly have made a small error...?" If you say, "No,", then you appear to be perfect and no one, not even my kids (to their surprise), is perfect. Yet if you admit any possibility, then your credibility is broken. How do you answer this type of question?
 

Austin

Elite Member
Joined
Jan 16, 2002
Professional Status
Certified General Appraiser
State
Virginia
This way: "It all depends on how you define the word, "error." I did not mess around with that appraisal. If by error you mean, margin or error, then the answer is yes as margin of error is part of the process. But, if by error, you mean a mistake of practice, then the answer is no because I was using legally required standards. Error does not exist until it has been demonstrated. Do you have any evidence of error or are you just trying to confuse the jury?
 

David S. Roberson

Senior Member
Gold Supporting Member
Joined
Jan 16, 2002
Professional Status
Certified Residential Appraiser
State
Tennessee
Just answer "Yes, it is possible." That's all. Do not try to explain. Of course it's possible.
 

Dick Dolman

Sophomore Member
Joined
Jan 29, 2002
Professional Status
Certified Residential Appraiser
State
Alaska
I was asked that very question once. It was not an appraisal but a lending issue. My response was, "No more so than you, opposing counsel or his honor." The judge snorted and the question was withdrawn.
 
Joined
Jan 16, 2002
Professional Status
General Public
State
North Carolina
Interesting topic and question.

I have never been asked the question directly. I have taken the stand knowing I had an error or two in my reports, and the first thing the attorney (my client) did was correct the record on those issues. Better to steal the thunder than get bludgeoned with it. Shows a degree of integrity and reasonablness as well.

Certainly I have been grilled on differences of opinion, and attempts to suggest that the way I handled a particular item was wrong, but if you know the basic textbook discussions on a particular methodology or whatever, this line of questioning can be deflected by suggesting that different techniques and methods get selected by appraisers for different reasons, that there are usually several ways to solve a particular problem and that not every way leads to the same conclusion.

Regards

Tom Hildebrandt GAA

Regards

Tom Hildebrandt GAA
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Top

AdBlock Detected

We get it, advertisements are annoying!

Sure, ad-blocking software does a great job at blocking ads, but it also blocks useful features of our website. For the best site experience please disable your AdBlocker.

I've Disabled AdBlock
No Thanks