Challenging a valuation, and the standards that govern the work.
Esshaki Legal Media TeamCurrent as of August 2022
Valuations underpin lending, transactions, tax positions and litigation
settlements, and a defective one causes losses that are traced back.
Standards. Professional appraisal practice standards govern development and
reporting, and departures — an unsupported adjustment, an inappropriate
approach, a scope of work inadequate to the assignment — are the usual basis for
a claim.
Intended user and intended use. An appraisal identifies who may rely on it
and for what. A party outside that identification generally has no claim, which
makes the reliance question the first defense.
Negligence versus a difference of opinion. Valuation is a range, and a
figure at the edge of a defensible range is not negligent. Claims succeed where
the methodology was wrong, the data was ignored, or the assumptions were not
disclosed.
Lender claims. Losses attributed to an inflated appraisal require proof that
the lender relied on it and that the loss flowed from the overvaluation rather
than from a market decline or an underwriting failure.
Damages. The difference between the reported value and the actual value at
the date, subject to causation.
Diligence for users. Confirm the intended use and users, the effective date,
the extraordinary assumptions and hypothetical conditions, and the scope of
work.