Turning Over Every Stone: Navigating Appraisal Research for Court Trial

When an appraisal heads to trial, meticulous research is crucial for ensuring that your findings are accurate, relevant, and defensible in court. Here’s a detailed look at what type of cases might need an appraisal at trial, essential documentation, and key timelines.

Understanding the Reasons for Court Trials

Construction Defects: Construction defect cases often hinge on appraisals to determine the extent of damage and the cost of necessary repairs. Whether the issue is poor workmanship or material failure, construction defect cases often involve damage beyond the cost of repairs, including loss of use due to property damage. The appraiser's evaluation will play a crucial role in quantifying losses.

Condemnation (Right of Way): Right of Way disputes typically involve disagreements over fair market value, where appraisers help determine fair compensation for the rights acquired. This requires a thorough analysis of land value and the impact of the project on the remaining property. This occurs when the government sues the owner for possession of the property and deposits the appraisal value into a fiduciary account.

Inverse Condemnation: This is a legal action used by property owners when they claim that a government entity damages or decreases the value of private property due to a public project, or there is a taking of a right, without compensation. The owner must sue the agency and commence the inverse condemnation process.

Breach of Contract: In breach of contract cases involving real estate, appraisers evaluate the financial impact of the breach. This might include assessing damages due to a failure to deliver the property as promised or discrepancies in agreed-upon valuations.

Neighbor Disputes: Disputes between neighbors, such as property encroachments or disagreements over property boundaries, often require appraisers to provide clear, unbiased assessments of property values. The specific issues alleged and associated with neighbor disputes are fully researched to determine the impact on value.

Missed Title Issues A title insurance policy is a contract that protects against financial losses that can occur when a property’s title has defects or omissions. These include encumbrances on the property (listed as exceptions) and missed exceptions, such as a missed road easement, which are researched to determine the diminution in value.

These cases typically go to trial when parties are unable to reach an out-of-court settlement. Legal disputes over valuation, compensation, or property rights necessitate a clear and objective appraisal to support legal arguments and facilitate resolution.

Key Aspects of Developing an Appraisal for Court Trials

• Client-Provided Documents Collecting and reviewing documents provided by our client is crucial. These may include, but are not limited to, the following:

• Contracts and Agreements: Essential for breach of contract and right of way cases.
• Inspection Reports: Particularly relevant for construction defects.
• Title Reports: For missed title issues and condemnation.

Ensure you thoroughly understand these documents, as they form the foundation of your appraisal analysis.

• Developing the Appraisal Problem Coordinate closely with the attorney to fully understand the trial's context and the specific appraisal problem(s).
• Communication Records Keeping detailed records of communications is vital. Document when and with whom you spoke, especially when confirming data such as sale comparables and market surveys.
• Deadlines Trial dates are set many months in advance. The trial will proceed once the trial date is set, and you must be ready to testify.

Like any appraisal, thorough research is essential for appraisers preparing for trial. By understanding the legal context, gathering and analyzing relevant data, conducting specific research related to the case, and ensuring accuracy and timeliness, appraisers provide valuable support to the court process.

Though preparing for a court trial is demanding, and there are often strict timelines, I enjoy turning over every stone to deliver accurate, relevant, and defensible appraisal research.