Fees for Court of Law Appraisals, Expert Witness & Depositions

 

Scott Pettifer, MAI, SRA, CRP

Certified General Appraiser

License NO. AG002756

Expiration 10/11/2010

 

Licensed California Real Estate Broker

License NO. 00794969

Expiration 11/30/2008

 

*Less than 3% of State licensed appraisers in the United States hold both the MAI and SRA Designations with the Appraisal Institute.  The Appraisal Institute is the world's leading organization of professional real estate appraisers.  The Appraisal Institute MAI Designation is most recognized by the courts, government agencies, lenders, corporations and the real estate industry as providing the highest level of valuation and analytical expertise.  The MAI signifies experience in commercial, industrial, agricultural, special purpose and residential valuation, along with investment decision analysis.  The SRA signifies expertise and extensive experience in residential valuation and analysis

We offer a full range of Real Estate Appraisal services, with experience in many types of property.  We are also experienced in litigation support and expert witness services. Clients who have used our expert testimony services include government agencies, tax entities, financial institutions, legal and accounting firms and many other businesses. In many cases, our independent, supportable analysis has allowed clients to settle cases without going to court.

An appraiser must remain unbiased in performing an appraisal of a property. But we can consult with you and advise you about the relative strength of an appraisal presented by opposing parties. We can also perform additional research and analysis to support or discredit assumptions or conclusions.

Some examples of issues we have experience with include:

  • Valuation of "stigmatized" property
  • Valuation as of a date in the past "Retrospective Appraisal"
  • Estate settlement or Partnership Dissolution
  • Valuation for divorce, partnership, taxation issues etc.

With our experience and proven track record we are ready to take on any type of appraisal assignment and our appraisal values stand up under the most severe scrutiny.

 

 

Appraisals for Court of Law and Legal Purposes

 

Fee Structure

 

Fee proposals for  real estate appraisals prepared  by Scott Pettifer, MAI, SRA, CRP  and anticipated for Court of Law  or  other  Legal Use can be requested and quoted with an all-inclusive fee structure, phased  assignment or  an  hourly retainer.  The fee structure for legal valuation work should be used as a general guide.  The property type and complexity of the assignment can significantly affect appraisal fees for legal uses.  Please contact our office with a specific property and assignment description so we can formulate a precise fee quote.     

 

All-Inclusive Appraisal Fee

 

  • Residential appraisals anticipated for legal use and/or users with opposing interests or motivations usually require a more detailed analysis than that of a mortgage loan transaction.  Residential appraisal fees can be 25% or more higher.  The typical residential appraisal fee is $450 to $750 assuming a simple valuation as of the current date.

 

  • Commercial appraisal fees are dependent on the property type and reporting format desired by the client.  Summary Narrative Reports are common for legal use and usually the most cost effective.  However, the Restricted Report can be an acceptable option when time is a factor and  the appraisal is used by a well-informed, single user.  At the opposite end is a Self-Contained Report that may be necessary for more complex properties and/or difficult valuation issues or legal proceedings.   

 

Phased Assignments

 

An appraisal  or  valuation assignments can be divided into two or  more phases  and the  client can choose to have the appraiser terminate the assignment  after the first or  subsequent phases of analysis or  complete the appraisal after the results are known from a prior phase of  appraisal development.  USPAP requires that the payment of   fees not be dependent on a predetermined result or direction in value that favors the client’s interest. 

 

A Phased Assignment usually contains two or more levels of consultation, research and concluded results.  The benefit to the client is that appraisal costs can be reduced if after the initial phase is completed,  the appraisers conclusions are not favorable to the client, the assignment can be terminated without further costs.      

 

Phase One      The appraiser attains an understanding of the legal and valuation issues of the court proceedings and completes specific property and market research.  Information the appraiser collects from this phase is often  adequate for an attorney to make a decision on  settlement or  continue litigation based on the  initial findings of the appraiser.  The client can authorize the appraiser to proceed to Phase Two or the assignment can be terminated with no other appraisal fees  due.      

 

Phase Two       After Phase One is concluded, the results are communicated to the client.   Assuming the client authorizes the appraiser to begin Phase Two,  The appraisal can be completed or at a minimum  sales  data is reconciled and  a value opinion is concluded.  A   verbal or short written abstract of the value conclusions are  communicated to the client.     

 

Phase Three     Phase Three development includes finishing the appraisal report  and delivery to the client.  The appraisal can be communicated to the client  in a short Restricted  Report,  Summary Report or  a Self-Contained Report, the most detailed  appraisal option. 

   

Hourly Valuation Assignments

 

Appraisals can also be ordered  and  quoted with an estimate  of  the number of hours  to complete the appraisal and a corresponding hourly fee.  This method of  appraisal fee payment is often  preferred by attorneys.  Displayed below is the hourly appraisal fee range for Scott Pettifer, MAI, SRA, CRP.  For  assignments that are not anticipated to involve court testimony,  please contact our office for a lower hourly fee rate if the appraisal can be authorized for completion by an associate appraiser in our office and reviewed by Scott Pettifer. 

 

Property Type  - Appraisals Only

Hourly Rate

 

 

Non-Complex Residential / Single-Family

$100.00

Complex Residential / Apartments

$125.00

Non-Complex Commercial / Owner-User -  Several Tenants

$150.00

Complex Commercial  &  Large Multi-Tenant  Investment

$200.00

 

 

*4-Hour Retainer for Res. &  6-Hour Minimum for Commercial

 

*Rural & Distant Properties may include Gas/Travel Expenses

 

*Difficult / Complex Properties & Valuation Issues  may incur additional research, time and expense.  Please contact our office. 

 

 

 

 

 

 

Expert Witness Testimony, Deposition,  Consultation  &  Appraisal Review & Preparation  for Testimony

Hourly Rate

Minimum

 

 

 

All Expert Witness Related 

$200.00

4-Hours

Disposition - Local

$200.00

2-Hours

Disposition – Out of Orange County

$200.00

4-Hours

Listed as Expert Witness Prior to Starting Appraisal

$0.00

$500 - $1,000

Preparation & Consult Meetings

$200.00

2-Hours

 

 

 

 

USPAP and Courts Of Law

 

An ethical appraiser cannot be an advocate for  the client or for  the  interests of the client in the development of an appraisal and opinion of value.  Completing an appraisal that has no bias to the parties involved and not favoring  the  interests of  one party over the other is one of the essential tenets of  the appraisal  profession.   However, that does not prevent an  appraiser to act as an consultant or advisor  to his or her  attorney clients and  to point out strengths and weakness of the appraisals presented by the opposing parties.  

 

Discovering  non-compliance  elements  of   in The Uniform Standards of  Professional Appraisal Practice (USPAP)  of an opposing  appraisers valuation report and  material errors in facts or methodology  are permitted to be addressed and are often used to discredit the opposing appraisers conclusions.  Exhibited below is sample terminology of  our  Appraiser Certification  that must be included in all appraisal reports.   

 

Certifications

 

The appraiser(s) signing this report make the following certifications to the best of his/her/their knowledge and belief.

 

  1. I certify that, to the best of my knowledge and belief:

 

  1. The statements of fact contained in this report are true and correct.

 

  1. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.

 

  1. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.

 

  1. My engagement in this assignment was not contingent upon developing or reporting predetermined results.

 

  1. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.

 

  1. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice.

 

  1. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

 

  1. I have made a personal inspection of the property that is the subject of this report

 

  1. As of the date of this report, I Scott Pettifer, MAI, SRA has completed the continuing education program of the Appraisal Institute.

 

  1. The Appraiser has established sufficient competence to appraise this property through education and experience, in addition to the internal resources of the appraisal firm.

 

  1. No one provided significant professional assistance to me in the development of the conclusions contained in this report except for the individuals specified. 

 


Pettifer & Associates, Inc. President - Scott Pettifer, MAI, SRA, CRP 2323 N. Tustin Ave Suite 114 Santa Ana, CA 92705
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