What type of report do I use for court purposes

[VSappraisal]

Hi,

I recently been hired to do an appraisal report for a divorce settlement. I am not required to go to court and testify as an expert witness. My client just wants an appraisal report of todays value and a report for a retrospective date on 9/11/2007. Ive worked as an expert witness in the past and used the GPAR (General purpose appraisal report) Restricted use residential report.

Since I am not required to go to court to explain my appraisal is the restricted use residential report good enough for her defense? Or do I need to complete the appraisal in a different type of report.

Please let me know. Thanks for your help?

 

[Michigan CG]

General Purpose report. Make sure yours is fully documented and better than the other appraiser's report. Explain everything.

 

[VSappraisal]

(So the general purpose report / "Restricted-Use residential report") is the correct report to use in this case?

 

[Mztk1]

I use the "GP Residential 03/2007" through alamode, or GPRES2.

 

[The Warrior Monk]

I would rather not use the Restricted Use format for court. The Restricted Use report would have a statement noting that the report may not be able to be understood without information in the appraisers workfile. That' means there is a strong likelihood of your workfile being dragged into court also. So the possibility exists that you will be addressing the items that are not expanded upon in your report, as well as anything in your workfile.

The workfile could, of course, be dragged into the court in any case. However, it has been my experience that it typically is not when at least a Summary report is completed.

I personally prefer a narrative format. I address only what is required by USPAP and what is relevant to the case.

 

[Carnivore]

VS,

What does your client say?

Is your client the Attorney or the plaintif/respondent?

The reason I am asking is because my last one was ordered by the court to be used by, Superior Court Charlotte and both parties to the suit. The judge also said both parties had to pay 50% of my fee. mine involved three assignments(values) 1. one current the other retro DOM and retro when hubby moved out. Purpose and Intended use: Part of Marital Asset Dissolution(divorce) /equitable distribution of Capital gain due to tenancy issue of one spouse. blah bla

I created three summary reports. Gave 2 copies of each report(1 ea version color paper and digital) to hubby, wifey and Court.

Engagement: $1,000 for the reports. $100 per hr door to door court time(max $800 per day).

I used the AI report format. Worked for me and the court.

 

[wickedness1]

General Purpose report. Make sure yours is fully documented and better than the other appraiser's report. Explain everything.

I agree. My husband went to court yesterday to testify & the other appraiser used the new 1004 form. Needless to say, the attorney my hubby was working for drilled the other appraiser about the mortgage "lingo" in his report. Not to mention the countless errors!

1 of his comps stated on the MLS "Gas royalty on 22 acres" & that appraiser did not mention it or even catch it. His other selection of comps were flawed as well. Things like: another comp stated conventional financing when the MLS clearly showed it was a VA loan with givebacks. Another comp failed to mention a "guest house" even though the guest house is very apparent from the exterior inspection and clearly stated it on the MLS. That appraisers value was right where opposing council needed it to be....imagine that, lol

It is beyond me why some appraisers get into court situated appraisals without doing the research involved in any appraisal. (Thats not meant for OP, just venting about skippies, lol)

 

[Don Clark]

I would rather not use the Restricted Use format for court. The Restricted Use report would have a statement noting that the report may not be able to be understood without information in the appraisers workfile. That' means there is a strong likelihood of your workfile being dragged into court also. So the possibility exists that you will be addressing the items that are not expanded upon in your report, as well as anything in your workfile.

The workfile could, of course, be dragged into the court in any case. However, it has been my experience that it typically is not when at least a Summary report is completed.

I personally prefer a narrative format. I address only what is required by USPAP and what is relevant to the case.

I agree with David on the use of a Restricted Use Appraisal Report. It would be innapropriate to use in a court since the restriction restricts the reports use only to only the client it was completed for. It is not intended to be copied, reproduced and/or distributed to others. See STD 2(C), (i) ........"The restricted use appraisal report is for client use only"Line 804, page U-26.

 

[Webbed Feet]

Restricted Use. It's not what you think.

(So the general purpose report / "Restricted-Use residential report") is the correct report to use in this case?

Never use the "Restricted Use" reporting type for any court case ever. Doing so is inappropriate, and just foolish. Not only can your client demand your entire work file out of you, it would be a USPAP violation not to cough it up to them. There also is no way possible to justify that reporting type to an appraisal board for such an intended use. Clearly, the court itself is an intended user. Restricted formats do not work when multiple intended users are included.

Honestly, the "Restricted Use" format is so prohibitive, all the USPAP caveats regarding the use of it so sweepingly misunderstood by so many appraisers, that the reporting type might as well be eliminated from USPAP because it is either useless or abused. "Restricted Use" does not = cheap and fast..... nor does it successfully = reduced liability in most cases. Both items most appraisers are utterly incorrect about.

P.S. ... Approaching ANY assignment involving court as if you really believe you will not be "required" to appear in court was the first mistake I read that was included in the original post. If the words "Discovery" and "Subpoena" are not in your vocabulary, and you don't know what they mean, then that might mean your not the expert you think you are.

 

[Pat Butler]

I'm with the Duck. If you don't understand that a restricted use appraisal is entirely innapropriate then you shouldn't be doing litigation work. You know in advance that there will be multiple users of your appraisal and that's the antithesis of a restricted appraisal.

Also, there's no way to know for certain that you won't be subpeoned to court and have to explain your work. Your rather minimal reporting format will be useless in trying to have others understand your methdology so that your appraisal can stand up as reliable evidence.