Introduction | p. 7 |
Res Ispa Loquitur | p. 9 |
Historical Perspective | p. 13 |
To whom are Appraisers Responsible? | p. 17 |
Malpractice, Negligence, Due Diligence, Fraud (Definitions and Cases) | p. 19 |
Standard of Care | p. 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 Appraiser | p. 41 |
A Malpractice/Negligence Case Against A Real Estate Appraiser | p. 44 |
What is a Standard of Proof? | p. 49 |
Example of Malpractice Actions Against Real Estate Appraisers | p. 53 |
Common Mistakes Real Estate Appraisers Make | p. 60 |
Areas where Appraisers shouldn't be held liable | p. 64 |
What should the Real Estate Appraiser Do if sued? | p. 67 |
Prevention of Lawsuits | p. 72 |
Potential Criminal Involvement | p. 74 |
Prosecution Techniques for Gathering Evidence | p. 78 |
Direct Surveillance | p. 79 |
Subpoena/Search Warrant | p. 80 |
Wire Tap | p. 81 |
Infiltration | p. 81 |
The Sting | p. 82 |
Good Guy/Bad Guy | p. 82 |
Direct Investigation | p. 83 |
The Appraiser and the Grand Jury | p. 84 |
The Appraiser as an Expert Witness | p. 87 |
How to become an outstanding Expert Witness | p. 88 |
The Appraiser's First Case | p. 91 |
What to do if called to be an expert witness and it is not planned | p. 94 |
Examples of How Real Estate Appraisers are Cross Examined | p. 96 |
Sample Cross Examination Questions | p. 99 |
Attorney's Cross Examination Ploys | |
The "Stack of Papers" Routine | p. 104 |
A Variation on the Paper's Routine | p. 105 |
The "You don't know" Routine | p. 105 |
The Distraction Routine | p. 107 |
The "Make the witness look good" routine | p. 108 |
What Attorneys should look for in an Appraisal | p. 109 |
Examining two appraisals on the same property | p. 112 |
General Recommendations for Self-Protection of the Real Estate Appraiser | p. 121 |
The Appraisers' defense against fraud | p. 125 |
Example Case, Rule 9 | p. 126 |
Malpractice vs. Ethics | p. 133 |
The Primary Appraiser vs. the Review Appraiser | p. 136 |
The Licensing Law | p. 141 |
Libel and Slander | p. 142 |
Addenda | p. 146 |
3 Sample Malpractice/Negligence/Fraud cases | p. 147 |
Sample Limiting Conditions and Certifications | p. 181 |
Useful legal definitions | p. 187 |
About the Author | p. 198 |
Cross Reference and concordance | p. 210 |
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