Real Estate Appraisal for Divorce Litigation
Scope of Work is the key driver for properly completing an appraisal for any litigation. In my experience, working with couples who seek real estate appraisal for divorce litigation, there are up to five people that need to be considered: the spouses, the attorneys, and the judge.
If I am engaged in any appraisal involving divorce litigation, the first question I ask is “Who is my client?” Then, I preface those questions by asking “Is this appraisal for you and your attorney only or for you and your spouse to share, along with your attorneys?” Once I get the answer, I explain the difference between clients and intended users.
At that time, I will gather everyone’s name, email address, and phone numbers.
In this scenario, let’s assume this appraisal will be shared by the spouses and their attorneys. My first step is to email everyone involved in one introductory email. I explain that I am being engaged to complete an appraisal on the property and state the names of clients, in this case, the spouses, and the intended users, in this case, the attorneys and the judge. Then, I explain that I’ll be sending an engagement letter to the spouses to gather their electronic signatures. I offer to cc the attorneys on the engagement letter as an option. Once the engagement letter is signed, I will schedule the appraisal and send the payment information to the clients. I give an option for the clients to split the payment or pay at the door. I complete the inspection, my research, and the appraisal report. Then, that report gets emailed to the clients and the intended users. Just a note here: I only email everyone at once for any matter; I never email any client or intended user individually.
Typically, the attorneys take my real estate appraisal for divorce report agree to use the value, and present that to the judge.
If I am hired by only one spouse and their attorney, then I explain confidentiality and that I will not communicate with the other spouse, the other spouse’s attorney, or anyone else for that matter. If I am contacted by the other spouse or attorney, then I explain that they are not my client and I am not permitted to discuss my assignment, my client, or the assignment results.
Again, it is imperative to understand the client relationship for any appraisal, particularly for litigation.
Bell Ferris has worked with family attorneys in Louisville and southern Indiana since 2006. Our firm covers Jefferson, Oldham, Shelby, and Bullitt counties in Kentucky and Clark and Floyd counties in southern Indiana. If you would like to learn more, please visit the Contact Us page, we respond within 24 hours on any business day.
Jason L Ferris, MAI, SRA holds a Certified General Appraiser license in Kentucky, Ohio, and Indiana. Our firm completes both residential and commercial appraisals in the greater Louisville area.
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