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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I'm in the process of a two year divorce. I've had five appraisals conducted on

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I'm in the process of a two year divorce. I've had five appraisals conducted on my home during the course of less than three years. I purchased the home for 315k, though the appraisal for the mortgage company valued it at 305k in June of 2012. One year ago, we were ordered to have the house appraised. My appraisal came in at 300k, opposing side's appraisal came in at 357. Most recently I was again ordered to have my estranged husband's appraiser conduct another appraisal two weeks ago indicated that the house value was 450k. My appraiser valued it at 306 two weeks ago. Opposing appraiser did include the same square footage/ bedroom/ranch house which is half block that sold less than 9 months ago. Additionally they used a cape cod and a split level as comps for my ranch home (there have been similar ranch homes sold within the last six months). Do I have a case to file a legitimate complaint?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for requesting me. I'll be glad to assist.
You wouldn't likely have a right to file a complaint with his licensure board/licensing agency because you didn't hire him for services. However, you have the right to challenge the appraiser's opinion in court with testimony from your appraiser - - who can identify all of the issues, shortcomings, improper procedures, etc. that the appraisal contains.
In fact, your lawyer could file what is known as a "Daubert Motion" and challenge the competency of the opinion and the appraiser who drafted it. Basically, this motion calls into question the reliability and relevance of the opinion, and if your appraiser finds fault and misuse of appraising principals, that would be the proper procedure.

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