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P.O. Box 34727 Houston, Texas 77234 Phone: 281-317-8200 Fax: 281-317-8989 info@ameriapraise.com |
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The pursuit of an amiable division of equity in community real property is an objective in most legal divorce proceedings. Typically, two appraisals are provided with differing values that favor the respective clients. If a compromise is not reached, given the opposing reports, the court will conduct a hearing that may require personal testimony, cross-examination, and judicial scrutiny that often results in an inequitable surprise decision for one, or both clients. Generally, the attorney who is the most successful in discrediting the report and character of one appraiser wins the most equity for his/her client. Although, this procedure has become the standard practice for most family law professionals, there is an easier, less expensive and common-sense approach that bears proven results.
Both clients employ one appraiser by splitting the appraisal fee; consequently, the appraiser represents both clients equally, and provides an unbiased in-depth, explanation of the appraisal process and the derivation of estimated valuation. The certified appraiser/real estate counselor becomes an arbitrator who works with each client, respectively, and provides an appraisal value that may not be satisfactory to either party, but both clients will be in agreement to proceed. If an agreement is not reached, the appraisal will not be completed, and any results, opinions or conclusions will be held in strict confidence, at either client's request. This one-appraisal process saves time, money, frustration, and eliminates speculative last-minute court decisions. Naturally, the fees are pre-paid by each client, which are considerably less than two normal fees - not to mention expert-witness fees.
THE ONE-APPRAISAL PROCEDURE begins by counseling with each client and establishing a sufficient degree of confidence as to the mutual unbiased representation they will receive throughout the appraisal process. If the clients agree to proceed, arrangements will be made to collect the appraisal fees and the site appointment will be set. All pertinent data will be collected and processed. A complete appraisal report will be delivered to each client individually. If deferred maintenance or repairs are required, a Cost-to-Cure and Market Impact addendum will be furnished in the report. The appraisal with all supporting documentation and addenda will be discussed with both parties. All agreed adjustments and corrections will be made in the report and final copies will be delivered to the respective legal counsels for review.
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