AR113-OOO - Attacking and Defending an Appraisal in Litigation
Category: Appraisal Review & Management
Continuing Education: 16.8
Registration
Please see the "Upcoming Classes" tab for class offerings and registration information.
Course Description
After
years of experience and discussions with practitioners and attorneys that have been involved in
cases, it is evident that there are common mistakes
and misunderstandings concerning appraisal and consulting roles within the applications of law and
practice in the courts. There are literally billions of dollars in
real estate cases in this country involving condemnation, property tax, leases, divorce,
insurance claims and other settings where value and real estate consulting is an
issue. However, there are very few quality seminars that help the attorney and real
estate professional with their role in a case. This seminar gives timely advice on how
to be ethical and also helps the participant to accurately articulate apprpriate theory
and not fall for tricks from the opposition.
This seminar provides a framework and considerations for attacking and
defending an appraisal in litigation. Common mistakes made in appraising and
testifying concerning an appraisal are stressed and various standards and
ethical rules that are frequently misapplied or misunderstood are highlighted
and explained. In addition, common tricks and how to prepare for tricks on
cross-examination are identified, as are ways to address hypothetical
questions at trial. A case study will also be used to apply the Attacking &
Defending Model.
Course Audience
This seminar is designed to assist attorneys, appraisers and real
estate professionals with valuation and other real estate appraisal questions in
the context of litigation. The seminar is two days and offers the
professional model on testifying, procedural and evidentiary basics, Uniform Standards of
Professional Appraisal Practices, and appraisal theory that is often
misunderstood or misapplied.
Instructor
Ted Whitmer, MAI AI-GRS CRE CCIM AQB Certified USPAP Instructor served on the
TALCB and was vice chairman of the Board. Ted is a Certified General Appraiser,
licensed as a lawyer with the State of Texas and as a Real Estate Broker. He
became an MAI in 1985 and graduated from law school and passed the Texas bar in
1988. Education includes a B.A. from Stephen F. Austin State University, an
M.B.A. from Texas A&M University and a J.D. from the University of Houston
Law Center.
State Approvals
ASA has received approval from the following states for up to 14 hours of
continuing education credit. Please note - some states may not accept all 14
hours. Please contact your state appraiser board for more information.
Approvals Received - IL, CA, MD and VA. Pending Approvals -
DC.
No prerequisites for this course.
Agenda
There is no available agenda for this course.
Learning Outcomes
- Identify common mistakes when performing
the role of an expert witness;
- Identify common USPAP errors in
development of appraisals;
- Identify common USPAP errors in
reporting appraisals;
- Communicate testimony in a better and
more efficient manner; and
- Identify and Use the Attacking &
Defending an Appraisal in Litigation Model.