Real Estate Law
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Was the appraisal submitted by your brother accepted by the Court ?
I doubt it. I don't know whether he has received the finalized version yet.
Thank you for your reply, Martha,
All your questions can be combined into 2 questions; (1) Is the Appraisal valid; and (2) Is it worth your time and expense to have another Appraisal done.
1. Whether or not an Appraisal is valid in your situation will depend on whether or not the Judge accepts it without anyone objecting to it. If nobody objects, the Judge might accept it as valid because the Appraiser's qualifications allow him to do appraisals.
2. It would be very much worth your time and expense to have another appraisal done. The appraisal will cost a few hundred dollars, but it will translate into a substantial reduction in the amount you will pay for the property. The appraisal should include the method used in appraising the property and on which he found the value of the property. As you said, this was not done by the Appraiser. Since the price you pay for the property will include the value of the structures on the property as well, there should have been a description of the structures, their age, and present condition, and this also was absent from the appraisal. Therefore, by including these in your appraisal, the Judge will necessarily take your appraisal more seriously and attach a lot more weight to yours than to that obtained by your brother. Actually, once you submit your appraisal to the Judge, he will probably not put any weight on the appraisal submitted by your brother. Therefore, if I were in your position, I would not hesitate to get another appraisal as soon as possible and submit it to the Judge before he makes a ruling in which he accepts your brother's appraisal. In fact, you might save yourself a lot of trouble in hving to set aside your brother's appraisal if you object to it now and inform the Judge that you are engaging another Appraiser to do a formal appraisal of the property,
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Bonus and Positive Feedback on survey is very much appreciated,
Thank you for allowing me the opportunity to be of assistance,
Hi, Andrea. Thank you for your response. You clearly absorbed my rather lengthy query as your thorough and cogent response leaves me with no unanswered questions at this time.
Oh, sorry--correction--one more question. My inclination is to approach the court as you suggested, but on my own. I have difficulties knowing how and when my attorney is working on my case. I know it's not cool to take actions without conferrinf with one's attorney. I would tell her what I plan to do, but do I really need to have her billing me for something that seems rather straightforward?
You do not have to incur additional legal expenses for this. If I were in your position, I would call the attorney's office, and leave a message with her secretary that I would be getting an appraise return call is unnecessaryr for the property. I would also tell the secretary that the attorney need ot call me back and that I was leaving the message simply to keep the attorney informed.
In this way, you have informed the attorney of what you are doing, you told her secretary that a return call is unnecessary, and you cannot, therefore, be billed for any phone call. Please be kind enough to rate my service to you as "Excellent service" , otherwise I will not receive any credit for assisting you,
Thank you for another cogent and clear response. Just to clarify, what are your thoughts about my communicating directly with the court, and informing my attorney in the same way you described?
Thanks very much for your responses. Of course I will rate you a smiley smile (excellent). Look for bonus as well.
Best regards, M
You are very welcome, Martha, Thank you for the "Excellent Service" Rating and the Bonus, I appreciate it greatly,
If you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,
"For Andrea only .........."
Thank you once again for allowing me the opportunity to be of service,
Hi, Martha, Thank you so much for the second "Excellent Service" rating and the Bonus, You are again both kind and generous and I appreciate it greatly. I would have thanked you sooner, except my computer was not working properly and it was only two weeks old. I thought it best that I return it now, rather than have them tell me later that they would not take it back,
Once again, if you have any additional questions or I may be of assistance in the future, please feel free to contact me by typing my name at the beginning of your question, like this,
"For Andrea .......... "
Thank you once again for allowing me to be of assistance,
ps If you have a minute, please let me know how the property appraisals are received by the Court,
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