Litigation / Expert Witness


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    Industrial buildings are a mixed bag and their appraisal requires that appraisers pay attention to a number of location and physical factors.

    If you think that you are qualified to complete an assignment, you may find that the client does not agree.

    Are land foreclosures really pushing values back to the stone age in Las Vegas?  Do the Press "statistics" really match up the reality of the market?


    Cell tower site valuation is complicated by a lack of market data, lease cancellation provisions and the selection of a reasonable capitalization rate.
    When you don't think the valuation that you paid for is accurate you can spend some time and effort yourself to validate the results.

    As it becomes more and more difficult to find comparable vacant land sales in the Las Vegas market, due to decreasing sales volumes, some appraisers have turned to past sales.  The selection of past vacant land sales is, however, fraught with a number of potential problems.

    Most appraisal assignments direct the appraiser to form an opinion of the market value of a specific property. If you are familiar with appraisal definitions you know that most market value definitions indicate that market value is the “most probable price” that a market participant will pay for a property. So in most instances appraisers have to consider value as an anticipation of future benefits.

    Depositions reveal just how strong an appraiser is as a potential expert witness.  How well the appraiser presents his arguments will let the opposing attorney know what to expect at trial and give them a sense for how well the appraiser will be received by a jury. 

    Individuals buy and sell real property in metropolitan Las Vegas and often they do not consider the potential impact of a right-of-way grant made several years earlier within a U.S. Patent that initially conveyed the property into private ownership. Since Patent conveyances can be recent or over 50 years old, a grant can often show up as a small blurb on the Exceptions page of a title insurance policy.

    Based on my experience there are two theories regarding the development of appraisal reports for litigation purposes, the minimalist theory that says that you give the opposition attorney as little as possible to attack and the "kitchen sink" theory that says you provide every possible piece of information that you can in your appraisal report. 

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