real estate appraiser working on behalf of an attorney cannot access property: Claudia says Q&ampA series

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Can't Complete Appraisal with Access Denied

Q: "I was hired to conduct a divorce appraisal for the husband, with my client being his attorney, someone I've worked with before. My assistant coordinated the inspection appointment with this attorney. The wife resides in the house.

When I arrived for the inspection, there were two cars in the driveway, and lights were on inside, but no one answered the door. I didn't have the wife's phone number, so I called both the attorney and the husband. They informed me that the wife did not want the inspection to take place (it would have been helpful if they had communicated that beforehand). She insisted that they didn't need an appraisal and could simply use the Zillow value for the house. The husband believed she would relent when I arrived.

Unfortunately, he was mistaken. No one was opening the door. I explained to the husband and the attorney that I couldn't prepare a credible report without seeing the interior. I offered to conduct the inspection with someone she trusted. I explained that in a similar situation before, the attorney had gone to court, and the judge ordered the wife to allow me entry. It was a bit awkward, but I had managed to complete the report with her attorney present.

Before I could finish explaining, the attorney interrupted, yelling about his "discovery deadline." He claimed he was pressed for time and couldn't go to court for an extension. He asked why I couldn't just do the appraisal based on a curbside inspection, asserting that others do it all the time. He implied I was just trying to increase my fees based on the interior condition.

I was taken aback that he was shifting the blame onto me. I maintained my composure and reiterated that I couldn’t produce a credible report without viewing the interior. I suggested that if he could arrange access, he should call my office to reschedule, and I offered to waive my travel fee for the day. I then hung up. Am I being unreasonable here?"

A: You are not being unreasonable. You have no idea what the inside of that house looks like. Even if there were recent MLS photos, they wouldn't guarantee the current condition.

The client wasn’t honest with you from the start; they knew the wife didn’t want you to go inside. The husband assumed she would let you in if you showed up, but they should have prepared you for potential issues.

The lawyer’s last-minute arrangements are not your responsibility. All lawyers face deadlines, and he may have to explain to the judge why he waited until the last minute. He can’t just drop this on you and expect a quick fix.

You made a generous offer to walk through the house with someone she trusts. Is she getting her own appraisal? Does she have an attorney? If someone accompanies you, she might agree to the inspection—it's worth asking. Otherwise, this isn’t your problem. The husband and attorney need to resolve it, and when they do, they have your contact information.

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