Appraisal Used in Divorce Case—Now What?
Q: "I just got a call from a paralegal at a lawyer’s office asking for my availability for a deposition in a divorce case. I was confused because I don’t handle divorce work, and I avoid court appearances. When she mentioned a name and property address, it sounded familiar, so I asked her to send me a copy of the appraisal and told her I’d call back.
It turns out I completed this report for the wife about two months ago when she was considering listing the home for sale. She never mentioned a divorce. However, the lawyer’s cover letter states that he represents her in the divorce and wants to schedule a short meeting to discuss my deposition and fee, as the husband’s lawyer intends to depose me. I never agreed to any of this—what’s going on?"
A: If you don’t have an engagement letter confirming that you agreed to act as an expert witness, you are not obligated to take on that role. However, your appraisal report appears vague regarding the scope of your assignment. You listed the wife as both the "client" and "intended user" and stated the intended use as “market value”—but what does that mean in this context?
While you may have intended to provide the client with a value to help her decide whether to list the property, she could claim that she informed you the report was for use in her divorce proceedings. This ambiguity underscores the importance of being precise when stating the intended use in your appraisal. A vague phrase like "market value" leaves room for interpretation.
Without an engagement letter, this becomes a case of your word against the client’s, a situation you should avoid. Moving forward, always clarify the purpose of your appraisal in writing to prevent these complications.
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