Litigation Valuation – Real estate appraisals for matters that are the subject of litigation require experience, market data, and confidence. Litigation of real estate valuation is a form of mental gymnastics. Lawyers, judges, juries, principles, and appraisal peers all review both the written document and oral testimony of a real estate appraiser engaged in the litigation of a property value. Because of this extensive review, reports prepared for this purpose must be complete, accurate, and to the highest level of conformity of uniform standards of appraisal practice as possible.

Our experience dictates that knowledge of the laws surrounding the valuation issue is critical to winning valuation litigation. Whether the assignment is utilized for real estate tax assessment, eminent domain, fire and casualty loss, establishment of private roads, or complex divorce litigation, different laws and standards are often applicable. We work with legal counsel to develop a thorough understanding of the laws that apply to the specific valuation problem in order to assure the best possible success rate in court or before the appropriate board. Having experience on the witness stand in heated cross examination is important whether the amount of valuation is small or large.

The market data utilized to support an opinion in litigation requires confirmation with parties to the transaction and needs to be the best data available. Significant research is required whenever valuation is a litigated issue. Data for both the subject property and competing offerings and closed market sales often becomes critical in support of appraisal conclusions. Many times, the appraiser with the best data wins. We make every effort to be that appraiser.

Confidence on the witness stand is the product of good data, experience, and thorough briefing of the laws that are applicable by legal counsel. A litigation team without a confident appraiser has little chance of success in the court room or before the board. We attempt to be thoroughly prepared so that when the hearing or trial takes place, we are confident in our opinions and clear with respect to the results of our analysis. Some appraisers do not enjoy, nor will they accept, assignments that involve testimony as an expert in court or before a board. We look forward to the opportunity to accept these types of assignments and enjoy a high success rate.