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Forensic Appraisal If I may, allow me a short discourse on the meaning of the word "forensic." It might clarify how this term is applied to real estate appraisal. If you are familiar with the concept, just drop down a few paragraphs where forensic appraisal service is more specifically discussed. The definition per Miriam-Webster: "Forensic," adjective, 1) belonging to, used in, or suitable to courts of judicature or to public discussion and debate: example: An appraiser's forensic skills (my example). 2) Argumentative, Rhetorical: example: Forensic eloquence. 3) Relating to or dealing with the application of scientific knowledge to legal problem: example: Forensic experts, forensic medicine, forensic appraisal (my example). The formal definition can be found here: Forensic | Definition of Forensic by Merriam-Webster. As a legal term, the word "forensic," is most commonly used as an adjective with the sciences such as medicine and engineering. See for example the seminal case concerning expert witness testimony from the United States Supreme Court: Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (giving trial judges more discretion to exclude unreliable expert testimony). In Kumho Tire Co. v. Carmichael 526 U.S. 137 (1999), the Supreme Court clarified that Daubert may apply to non-scientific testimony such as engineers and other experts who are not scientists. This includes real estate appraisers. As of 2019 the Florida Supreme Court made Daubert and Kumho the law of the land. "In 2013, F.S. Sec.90.702 was amended to mirror Fed.R.Evid 702. The legislature's preamble 'adopt[s]...Daubert...Kumho Tire...and General Electric v. Joiner, 522 U.S. 136, 146 (1997), ...' and states...'[we] intend to prohibit...pure opinion testimony as provided in Marsh v. Malyou, 977 So.2d 543 (Fla.2007)." (The Florida Bar Journal, Vol. 94, No.2 March/April 2020 P. 8 by Thomas S. Edwards Jr., and Jennie R. Edwards). A link to the article can be found here: The Daubert Expert Standard: A Primer for Florida Judges and Lawyers – The Florida Bar "In May 2019, the Florida Supreme Court made clear that Daubert v. Merrell-Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), is the standard for admission of expert testimony in Florida." Id. The Appraisal Institute defines forensic appraisal in short as: Valuation for litigation, or potential litigation for the clarification before courts of law or situations that may come before courts of law involving issues of real estate valuation. (The Dictionary of Real Estate Appraisal, 4th ed. 2002, p 119). Since it is provided for the court(s), a forensic appraisal must contain an exceptionally detailed, well supported, and defensible opinion of value. The premises and conclusions set forth in each section of the appraisal process providing support must also be exceptionally detailed, well supported, and defensible. This is because it will undergo a high degree of scrutiny, even if the case does not go to trial. A forensic appraisal a much higher degree of scrutiny than an appraisal for used for other purposes, like mortgage financing, because a court case involves as dispute between two or more parties. Each party will probably proffer their own forensic appraisal, which will likely have differing opinions, each that are probably well supported, and each that will probably be heavily scrutinized in the form of a cross examination of the appraiser who performed the appraisal assignment at least at a sworn deposition, if not in actual trial. Appraisals used for other purposes usually involve one party. If there are more, they are likely working to the same end. If they are not working to the same end, they are probably not pitted against each other in a legal dispute, and why appraisals used for purposes like this are not called forensic appraisals. It is the meticulous performance of a real estate appraisal for the courts that necessitate the assignment not be just an appraisal, but a forensic appraisal. TO BE CONTINUED WITH A DISCUSSION REGARDING THE ROLE AND QUALIFICATIONS REQUIRED OF THE FORENSIC A REAL ESTATE APPRAISER nb@nelsonboswell.com 813-215-7384 |