Appraisal Witness: Qualified Expert

Appraisal Witness: Qualified Expert

Archive for the Category 'Appraisal Witness'

Expert Appraisal Witness

Wednesday, January 30th, 2008

Looking for an appraisal witness that has experience in the courtroom too?

A college degree combined with appraisal classes does not necessarily translate that the appraiser will be able to hold up to the rigors of cross examination during litigation. Generally, an appraiser is an expert in their field of choice, and this alone doesn’t stand the test in litigation settings. Most appraisers do not have the necessary skills, nor do they want the skills to attend court or a deposition in order to be questioned as an expert appraisal witness.

If you are in the position where you require an appraisal witness, you need to turn to a company that has the skills to meet your needs. DurkinValuation Associates combines years of field valuations, appraisal training as a Accredited Senior Appraiser (ASA), Graduate Personal Property Appraiser (GPPA), Senior Professional Appraiser (SPA), Expert Appraisal Witness Courses (N.A.P.A.), and the latest USPAP 2012 – 2013 testing with actual court and deposition performance as an expert witness, to supply the service that you need.

Durkin Valuation can provide you with a valuation service, undertaken by an expert appraisal witness that can produce a variety of valuation reports for a large range of real property, personal tangible and intangible property and sales of machinery and equipment. Reasonably priced and professionally presented, our expert appraisal witnesses are committed to providing the highest level of service. As such, we guarantee to defend any appraisal produced by our company with participation in deposition, mock trial and/or court appearance as an expert appraisal witness.

The specialities of our expert appraisal witnesses include cases involving Personal Property, Replacement Value for Insurance, Marital Estates, IRS Charitable Contributions, and Decedent Estates. We are also able to provide Expert Testimony for these areas of our expertise.

If personal property or a business changes hands or is divided, it’s vital that a defendable value is established to protect everyone involved. Using the services of an expert appraiser can help to simplify negotiations, and deter any disputes or litigation between all the involved parties.

In the event that negotiations come to a stand still, a professional appraisal provided by an expert appraisal witness can be highly beneficial for an attorney or trustee. An expert appraisal witness should be consulted by anyone who is involved in conducting estate or divorce proceedings or assuming fiduciary responsibility for personal property of individuals or businesses.

All of the reports provided by our professional expert appraisal witnesses are independent and defendable, written in accord with (USPAP 2012-2013), the Uniform Standards of Professional Appraisal Practice.

Durkin Valuation Associates have numerous appraisers with a sum total of 70 years experience appraising and we are willing to appraise nation wide (or anywhere in the world) and testify as expert witnesses. Telephone: (617) 720-0332

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days

appraisal witness,expert witness

Technorati Tags: ,

Appraisal Witness

Saturday, February 02nd, 2008

What to expect of Durkin Valuation Appraisers:

A detailed inventory by a professional, expert appraisal witness, presented in compliance with the Uniform Standards of Professional Appraisal Practice.

Where necessary, an expert appraisal witness will conduct a physical inspection of the property.

Professional and expert appraisal witnesses with current knowledge of the fluctuating market, through use of on-line services, auction prices and an extensive library of reference materials.

CONSULTING SERVICES

Our expert appraisal witnesses are highly experienced in assisting prospective clients in formulating management and exit strategies for their assets. While client’s can benefit from accelerated marketing, there are times when an alternative marketing approach will yield more wealth. Our expert appraisal witnesses have the knowledge and expertise to help with developing these plans.

Our expert appraisal witnesses have years of training and field experience, which allow them to analyze and create working strategies.

EXPERIENCE

Our expert appraisal witnesses have experience in the following asset valuation areas:

Business Valuations
Machinery and Equipment Appraisal
Decedent Estate Appraisal
Dissolution Estate Appraisal (Divorce)
Computer equipment
Divorce
Farm and agricultural equipment
Furniture and fixtures
Heavy and light construction equipment
Manufacturing plant
Medical, dental and veterinary equipment
Mergers, acquisitions
Partnership buyouts
Business dissolutions
Insurance
Charitable donations
Settlement of insurance claims
Damage or total loss due to natural disasters, flood, hurricane, tornado, wind
Estate settlement
Auctions
Sales of surplus capacity
Inventory liquidation
Litigation
Establish asset-based lines of credit
Networking equipment
Printing equipment
Restaurant/food handling/grocery equipment
Textile
Chemical and plastics equipment
Transportation or trucking equipment
Vehicles
Wood and metal working equipment
Oil and Gas, drilling equipment
Antiques.

Our expert appraisal witnesses are members of the National Associations of Professional Appraisers, American Society of Appraisers and the National Auctioneers Association, which use the Uniform Standards of Professional Appraisal Practice (USPAP) that is governed by the Appraisal Foundation, authorized by Congress as the Source of Appraisal Standards and Appraisal Qualifications.

TRAINING AND EDUCATION

To ensure that you are provided with the highest possible service, our expert appraisal witnesses have field experience, combined with the following appraisal courses and accreditations:

Senior Professional Appraiser (SPA), NAPA
Graduate Personal Property Appraiser (GPPA), NAA
Accredited Senior Appraiser, ASA
Uniform Standards of Professional Appraisal Practice (USPAP 2012)

This training means that you are guaranteed quality when using one of our expert appraisal witnesses, as they have both the knowledge and skills required to assist you in all your valuations needs.

Durkin Valuation Associates have numerous appraisers from 30 years experience appraising and we are willing to testify as expert witnesses anywhere in the world. Telephone: (617) 720-0332

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days


appraisal witness,expert witness,Durkin Valuation Associates

Technorati Tags: , ,

Appraisal Reform for Reviews

Wednesday, April 30th, 2008

Appraisal Reform has swept the nation with The Federal Reserve directing the broom at our local and national banks. These financial institutions now must have independent, effective appraisal and valuation programs. Furthermore appraisers performing reviews must have the expertise and knowledge to comply with the Federal Reserve’s appraisal guidelines and regulations as outlined in The Uniform Standards of Professional Appraisal Practice as stipulated by the Appraisal Foundation. Durkin Valuation Associates provide appraisal review services that are professional, qualified, independent, and compliant with the 2012-2013 government guidelines.

Appraisal reform for reviews should determine the risk of the transaction, whether the process by which the collateral valuation is obtained ensures quality and independence, and whether the appraisal or valuation is appropriate for the transaction, according to new banking guidelines. The scope of the appraisal assignment which is set forth in the engagement letter must be consistent with the valuation or appraisal report. The Federal Reserve comments that post-funding evaluations of appraisal quality for some of their greater-value transactions or higher-risk transactions as a control to assist in detecting valuation problems is used by some banks to augment routine appraisal reviews.

Durkin Valuation Associates are experienced in every type of appraisal review procedure, appraisal reviews, and the latest USPAP requirements for review appraisers. Each appraisal, appraisal review, appraisal report, consultation or valuation is performed within the most up to date laws, by our qualified, Senior Professional Appraisers that are governed by USPAP, who also adhere to the highest ethical unbiased codes of our appraisal associations, ASA, NAPA and GPPA. Seventy years of combined valuation experience of 7 senior appraisers offering professional appraisal services nationwide. We realize that our work may be reviewed by banks, attorneys and courts. Every appraisal is compiled with the anticipation that this appraisal could be litigated. Every appraisal by Durkin Valuation Associates is prepared by an Expert Appraisal Witness who is prepared to give irrefutable testimony in defense of his valuation report.
Call (617) 720-0332

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days


[tag]appraisal reform,appraisal review,valuation,appraisal[/tag

Expert Appraisal Witness Testimony

Tuesday, April 08th, 2008

Expert appraisal witness testimony can make the difference in winning the case against your opponent. After finding someone do you believe to have specials deals or knowledge in the appraisal field of your case, several aspects of this expert witness needs to be addressed.

Here are seven expert appraisal witness characteristics that are needed in the testimony for your case, that will lead to a win:

    1. 1. Professionalism–An individual appearing before the court as an expert appraisal witness must have a professional appearance, professional attitude and display professional conduct.
      2. Knowledgeable– the testimony of an expert appraisal witness must display in-depth knowledge of the subject matter. This knowledge will always be portrayed by the individual that has years of experience appraising in the field that requires your expert appraisal witness testimony.
      3. Preparedness– When you receive your accredited appraisal, you’ll have your first clue as to the depth of this appraiser’s report. The appraisal report should have all references that will be needed to defend the appraisal report, should litigation arise. Beware if the report seems incomplete, short or inconclusive. If you have any doubts about your appraisal report, resolve these issues at the time you receive the appraisal report. The appraisal witness should be able to defend, explain and consult with you on all aspects concerning his appraisal report.
      4. Unbiased– The appraisal report that you request must be completely unbiased. The appraiser that compiles the appraisal report must be completely unbiased. The testimony that your expert appraisal witness surrenders must be completely unbiased. This characteristic is paramount your case is to be successful. An unbiased appraiser may be called upon to compile an appraisal report for both parties.
      5. Thoroughness– a knowledgeable professional who is prepared through their experience, their training and who has done their due diligence regarding the appraisal for this case and has documented their methods for appraisal and their references, can be relied upon to deliver an accurate testimony on which the trier’s of fact can understand and depend upon the appraiser’s opinions.
      6. Credibility The credibility of an expert witness requires that the witness not be partial or adversarial, that his credentials are impeccable, and the truth. The opposing counsel will attack this characteristic, the hardest to impeach an expert appraisal witness.
      7. Honesty– the smallest untruth fractures, the entire testimony. The weight given a appraisal witness is always greater in believability, if they are consistently truthful throughout the entire litigation process. Honesty cannot be compromised by an expert appraisal witness.

Durkin Valuation Associates bring 30 years of experienced together in 7 Senior Professional Appraisers with a combined 70 years of valuations. Call us at (617) 720-0332.

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days


appraisal witness,witness testimony

Technorati Tags: ,

Appraisal Witness Frequently Asked Questions

Saturday, March 29th, 2008

Appraisal Witness FAQs

What is an appraisal witness?

    An expert appraisal witness is an appraiser who is accredited, compliant with the latest government USPAP rules and laws, an expert who has testified in litigation environments (deposition, courtroom, mock trial, and administrative hearings) and has been deemed by the Judge to qualify to testify on matters pertaining to appraisals. An appraisal witness is a person that has specialized training, education, or experience that has allowed them to develop skill or knowledge in valuations, so that they can form an opinion that will help the fact finders of the case.

What is an accredited appraiser?

    An accredited appraiser is a person who has fulfilled their qualifications to be an appraiser through experience, education or specialized training and has successfully completed the government-sponsored 15 hour USPAP course and passed the USPAP test with at least a 70 point score.

What is a certified appraiser?

    A certified appraiser is usually a real estate appraiser that is licensed by the state in which they reside. A certified appraiser is seldom qualified to appraise personal property.

When would I need an accredited appraisal?

  • You should always seek an accredited appraisal, if there is the slightest chance that the value of the assets appraised will be contested or that the appraisal will appear in court and need to be defended.
  • You will need an accredited appraisal, if you deal with the IRS or any government agency that will review your appraisal.
  • You will need an accredited appraisal, if a bank or lending institution will use the appraisal in conjunction with the lending of moneys.
  • You will need an accredited appraisal in the case of divorce, mergers, partnership dissolution, liquidations and for the valuation of machinery and equipment of public corporations each year, such as power and light companies.
  • All donations that exceed $5,000, will require an accredited appraisal attached to your tax return to qualify as a legitimate deduction.

What kind of appraisal, do I need to satisfy the IRS?

    Only an accredited appraisal will be excepted for the IRS and all Federal government agencies.

Can I get an appraisal from my CPA or auctioneer?

    You can get an estimate of value from any person or authority of your choice. However, to get an appraisal from any person who by law holds themselves out to be an appraiser, this individual must meet the federal qualifications of accreditation and must have taken the government 15 hour course and passed the government USPAP test within the last two years.

What are the new laws that apply to appraisers?

    Federal rules of evidence 702 require that each individual that qualifies as an appraiser must have met the specialized training, education or experience requirements, and must have taken the 15 hour current USPAP course and passed the test. Individuals that hold themselves out as appraisers without these qualifications can be fined $5,000 and a percentage of the over or under valued items appraised.

What is the difference in a real estate and personal property appraiser?

  • A real estate appraiser is licensed to appraise homes, commercial buildings and land. A residential appraiser usually charges $300- $350 to appraise the house and lot.
  • Personal property appraisers are accredited to appraise tangible and intangible objects that are usually movable and require different qualifications to appraise than land and buildings. An example of personal property, would be antiques, machinery and equipment, businesses, vehicles, paintings, coins & gems, logos, trademarks, copyrights, client lists, intellectual properties, boats, pension plans, trusts, annuities, stocks & bonds, collectibles, professions (attorney, doctors, CEOs), careers(actors, comedians, models, professional sports etc.), timber, animals, guns and all chattel. If you can think of an object that is tangible or an intangible item that can be owned that is not included in this list and that does not include land or buildings that are secured to the land, then it also qualifies as personal property. The personal property appraiser usually charges $175-$500 an hour.

Durkin Valuation Associates have the experience, 70 combined years, the accreditation, 2012 -2013 USPAP compliant, and continued education, ASA, NAPA & NAA to exceed all of your appraisal needs including testifying as an expert appraisal witness should your appraisal need irrefutable defense. Call us at (617) 720-0332. Or contact us at:

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days


appraisal faqs,accredited appraiser,Appraisal Witness

Technorati Tags: , ,

Ipse Dixit Defines Unqualified Witness

Saturday, March 01st, 2008

Ipse Dixit is defined in Black’s Law Dictionary as “because I said so”. Yesterday’s appraisal witnesses are unqualified witnesses today because Judges are disqualifying the witness on qualifications! No longer can a witness say “believe me because thats the way its been done for 25 years”, or “I know because I have 25 years of experience so don’t question my value!” The CPA that comes to court as an expert appraisal witness is disqualified, the reason, ipse dixit. The auctioneer that wants to testify, “I’ve sold hundreds of those over the last 30 years and it has an auction value of $2500 will be disqualified, the reason, ipse dixit .

Years of experience is only one strong point of an accredited appraiser. To certify an appraisal that can be defended irrefutably the appraiser must apply the 2008 USPAP laws, standards and rules. Another criteria for the expert appraisal witness is that the individual apply the correct methodology including comparables, history and venue of past sales to come to a fair market value of the items appraised. Ipse dixit is far from the equation of valuation. The Judge is looking for absolute understandable format that the court can follow within all appraisals that enter litigation.

The pedigree that an expert appraisal witness has as part of his credentials needs to be from the Appraisal Foundation’s list of approved appraisal schools. Should you have a degree in agronomy, consider it as irrelevant as Certified Public Accountant and not part of your appraisal credentials and will be classified ipse dixit if testifying as an expert appraisal witness. Can you be a CPA and an accredited appraiser? Absolutely, if you have completed approved appraisal education courses and have valuation experience and complete an appraisal according to USPAP Standards and Rules.

Durkin Valation Associates meet all the criteria of the law, educational institutes and the court to appraise and testify as an expert witness. We have testified in numerous cases where the opposing “appraiser” was disqualified; primary reason, Ipse Dixit. The laws have changed for appraiser qualifications… don’t find out after you arrive at the deposition or court. Hire the best, call for questions, Durkin Valuation Associates.

Phone (617) 720-0332

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days


ipse dixit,appraisal witness

Technorati Tags: ,

Appraisal Methodology

Sunday, February 03rd, 2008

An appraisal witness will provide appraisal methology, documentation, and conform to USPAP guidelines. Photographs and evaluation of condition of the personal property, equipment, machinery or vehicles should accompany all appraisals.

Below are the three types of appraisals that can be carried out by the expert appraisal witnesses at Durkin Valuations. Durkin Valuation Associates have numerous appraisers from 30 years experience appraising and we are willing to testify as expert witnesses anywhere in the world. Telephone (617) 720-0332

FAIR MARKET VALUE:
A price agreed on by both a Buyer and Seller, neither being under any obligation, to complete a sale.

Fair Market Value is used for Inheritance Tax, Estate Planning, Marital and Business Division, and Charitable Contributions.

REPLACEMENT VALUE:
The cost to replace property with something of similar origin, condition, provenance, quality and age.

Replacement value is used for Insurance purposes, and is attached to your policy, as a Fine Arts Rider.

LIQUIDATION VALUE:
A monetary value given to property that is sold or exchanges hands under a forced or limiting conditions, such as bankruptcy.

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days


appraisal witness,appraisal methology,personal property appraisal

Technorati Tags: , ,

Copyright © 2008, 2009, 2010, 2011, 2012 appraisalwitness.com All rights reserved.
http://appraisalwitness.com/