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Proof

Of course, in order to win a case against an appraiser, the claimant must be able to prove each of the elements of the claim, typically negligent misrepresentation. One of the primary elements requiring evidence is that the appraiser made a mistake, or fell below the standard of care. We have handled cases where appraisers have made mistakes like calculating the wrong square footage of the home, using sales as comparables where they where truly not comprable, and failing to make appropriate adjustments in the comparable property’s sales price for differences between that property and the subject.

Proving the “mistake” will generally require another expert to review and evaluate the subject appraisal report for errors. The expert appraiser can use his/her background, experience, training, industry guidelines and standards, among other resources, to determine whether the appraiser has been negligent in the subject valuation and/or appraisal report.

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