Testimony question

[Mark K]

Perhaps a silly question, but is the appraiser's credibility questioned if, for example, a report includes a typo, or a very minor math error????

If the judge allows your testimony then you are considered an "expert" witness. You're likely not going to grilled over a typo or a VERY MINOR math error.

Because the dialogue has ceased, please allow the thread to digress: every McKissock course on litigation appraisals insist that an appraiser cannot provide an OV and also assist his attorney client by revealing faulty aspects of the opposing OV because to do so is consulting service--but my mentor who provides dozens of marital dissolution apps each year provides both services in 90% of the assignments. Peer perspective?

My guess is that a LOT of appraisers do exactly as your mentor. I've done it that way and was questioned on the stand. No big deal.

I'm unaware of any part of USPAP that prevents you from consulting and appraising on the same assignment, as long as its disclosed.

 

[PushinValue]

If the judge allows your testimony then you are considered an "expert" witness. You're likely not going to grilled over a typo or a VERY MINOR math error.


My guess is that a LOT of appraisers do exactly as your mentor. I've done it that way and was questioned on the stand. No big deal.

I'm unaware of any part of USPAP that prevents you from consulting and appraising on the same assignment, as long as its disclosed.

I was wondering about that…. It is mentioned in the report, but not cited per USPAP….

Also, it appears USPAP is mostly irrelevant in court. Nobody cares about “violations” unless they pertain to ethics or impact value

Please correct me if I am wrong

 

[Mark K]

I was wondering about that…. It is mentioned in the report, but not cited per USPAP….

Also, it appears USPAP is mostly irrelevant in court. Nobody cares about “violations” unless they pertain to ethics or impact value

Please correct me if I am wrong

Not wrong. USPAP means little in court from my experience. I've seen attorneys pick reports to pieces but never a mention of USPAP.

 

[ZZGAMAZZ]

Not wrong. USPAP means little in court from my experience. I've seen attorneys pick reports to pieces but never a mention of USPAP.s

Do lawyers often try to impeach an appraiser's credibility by addressing USPAP violations, as welll as factual, value-related errors?

I've gone from courtroom to courtroom to courtroom through various city, county, state, federal buildings throughout downtown Riverside City, Riverside County, CA, just trying to find out how [if] I can simply sit in the courtroom to observe an appraiser's court experience--but nobody in none of the courts seem to know when a case that involves appraisers will be scheduled. I don't know any local appraisers, nor which appraisers perform legal appraisals, nor do I know any lawyers or judges or anybody. Peer Advice?????

 

[Mark K]

Some courthouses have one or two judges that handle most of the condemnation cases. Ask around, find out who they are and ask their clerks when/if they have any cases upcoming. Don't be afraid to talk to them or the judges; they're just people and will often be helpful. If the judge likes you he/she might just assign you to a case. I'm mostly retired and my license expired last June but I'm still working condemnation cases for a couple of judges. In this state you don't need a license to be a court-ordered appraiser, just be a freeholder (land owner) in the county. I've been assigned 4 already this year.

From what I've encountered, the majority of those cases are settled prior to trial but the bigger the courthouse, the more cases.

 

[Terrel L. Shields]

If you get your *** kicked in cross examination or by opposing appraiser could you be sued?

Unlikely to get sued but not uncommon to be turned into the state. In fact, I sent one (a copy of report) to the state without comment. Another out of state appraiser trying to make big bucks off tort lawyers. He surrendered license and must face the consequences of the complaint if he chooses to try and return to Arkansas and testify.

I know a divorce where the defendant turned in all the appraisers her own two appraisers and her husband's appraisers The Hubby's appraiser surrendered her licenses. Her own appraisers were a team, old guy and assistant. The assistant got a fine and class work and the old guy managed to kick the bucket a few weeks before he was to defend his report. From what I could tell she was right, all three were whack jobs.

 

[Terrel L. Shields]

Do lawyers often try to impeach an appraiser's credibility by addressing USPAP violations

Lawyers as well as judges are rarely more than vaguely aware of USPAP. I did once inform a lawyer that she should ask a specific question to an appraiser and he should respond a certain way and she pounced on that - made him look like a fool. No USPAP needed.