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9781581126877

Real Estate Appraiser and the Law : Don't Get Caught Legally Unaware

by
  • ISBN13:

    9781581126877

  • ISBN10:

    1581126875

  • Format: Paperback
  • Copyright: 2001-02-01
  • Publisher: Lightning Source Inc

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Table of Contents

Introductionp. 7
Res Ispa Loquiturp. 9
Historical Perspectivep. 13
To whom are Appraisers Responsible?p. 17
Malpractice, Negligence, Due Diligence, Fraud (Definitions and Cases)p. 19
Standard of Carep. 26
How is the Appraisal Industry defined?p. 31
Who can sue the Real Estate Appraiser?p. 34
What must the Plaintiff prove to Win a Malpractice/Negligence case against a Real Estate Appraiserp. 41
A Malpractice/Negligence Case Against A Real Estate Appraiserp. 44
What is a Standard of Proof?p. 49
Example of Malpractice Actions Against Real Estate Appraisersp. 53
Common Mistakes Real Estate Appraisers Makep. 60
Areas where Appraisers shouldn't be held liablep. 64
What should the Real Estate Appraiser Do if sued?p. 67
Prevention of Lawsuitsp. 72
Potential Criminal Involvementp. 74
Prosecution Techniques for Gathering Evidencep. 78
Direct Surveillancep. 79
Subpoena/Search Warrantp. 80
Wire Tapp. 81
Infiltrationp. 81
The Stingp. 82
Good Guy/Bad Guyp. 82
Direct Investigationp. 83
The Appraiser and the Grand Juryp. 84
The Appraiser as an Expert Witnessp. 87
How to become an outstanding Expert Witnessp. 88
The Appraiser's First Casep. 91
What to do if called to be an expert witness and it is not plannedp. 94
Examples of How Real Estate Appraisers are Cross Examinedp. 96
Sample Cross Examination Questionsp. 99
Attorney's Cross Examination Ploys
The "Stack of Papers" Routinep. 104
A Variation on the Paper's Routinep. 105
The "You don't know" Routinep. 105
The Distraction Routinep. 107
The "Make the witness look good" routinep. 108
What Attorneys should look for in an Appraisalp. 109
Examining two appraisals on the same propertyp. 112
General Recommendations for Self-Protection of the Real Estate Appraiserp. 121
The Appraisers' defense against fraudp. 125
Example Case, Rule 9p. 126
Malpractice vs. Ethicsp. 133
The Primary Appraiser vs. the Review Appraiserp. 136
The Licensing Lawp. 141
Libel and Slanderp. 142
Addendap. 146
3 Sample Malpractice/Negligence/Fraud casesp. 147
Sample Limiting Conditions and Certificationsp. 181
Useful legal definitionsp. 187
About the Authorp. 198
Cross Reference and concordancep. 210
Table of Contents provided by Syndetics. All Rights Reserved.

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