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The Divorce Court Judge Says: "Have an Appraisal done on that Property"....Sigh....

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

                     

 judge     Frequently when we are involved in the divorce part of our practice, the couple cannot agree on the value of the house.  They can't agree who gets Rover, the china, or which holidays the children are with which parent so why would the value of real estate or the choice of a Realtor be any different...it would not.  We had one attorney years ago tell us that the couple MUST agree on which Realtor would list the property...nice thought...not happening.
      The court looks for the impartial determination of the value of the property...and we applaud that view.  One would think that could easily be obtained by ordering that the property be appraised by a Wisconsin licensed appraiser.  This takes away the possibiity that a Realtor could "buy" the listing at a higher price to obtain it and later do the Price Reduction dance as it lingers on the market at a price far higher than the market will accept.

     Objectivity is a wonderful thing....and complimented by expertise and familiarity with the market in which the home is located, it would be outstanding.  The judge chooses the appraiser without the benefit of having this knowledge...only knowing that the appraiLADY JUSTICEser is licensed and dare we use the dreaded word..."assuming" that they are qualified for determining the value of a home in any area within several counties.  Sigh....not true. After having had this experience multiple times, you don't wonder why there is a blindfold on "Lady Justice". 

      In our area of what we refer to as "Lake Country" where are the 91 lakes you have read us blog about...the values can be very, very different from one lake to another.  It takes time to evaluate a property carefully...not only that is on a lake...but which lake...or in some cases...what side of the lake...or is it in a bay...or is the house a a walk out at water level verses a steep climb or long distance....all of these factors play a part in determining the desirability of a lake property in addition to those applied to every property...location, condition, updates, size, age.

    Assuming that an appraisal supplies the answer to price that the market will find acceptable and actually sell at...history has shown us is dangerous.   Further and careful examination is required.  The proof of course is in the price that the property actually receives in offers....and one or both members of the couple is likely to find as too low. The proceeds will not supply the "start over" money and pay the legal expenses of this drawn out affair.....it may require further court intercession...and hope the buyers are patient while the legal dance continues.

      Divorce and real estate is an interesting niche....we are stimulated by the challenge it presents. If you or anyone you know is divorcing....or has divorced and is in need of a Realtor...Call the Hansons...we have the expertise and successful experience to work through the obstacles thrown in the path of a successful sale.  We represent the best price for the property...not either member of the former couple...and consider every possible unique aspect in determining the value for the shortest time on the market and the highest possible return on their real estate investment.

   Prompt professional service and proven results for all things Real Estate.....the only Real Estate Divorce experts in Wisconsin.

  

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

The appraiser must be geographically competent Sally.  This is now a requirement under USPAP.

Aug 21, 2013 08:23 PM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Sally,

Divorce is such a complicated issue and when it comes to property that needs to be disposed of involving property that needs to be appraised, well, there's no denying it's more than complicated and only someone with your expertise and knowledge should be involved in the sale of the property.

Suggested

Aug 21, 2013 08:26 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

I wonder Conrad how that is deterimined...you can be from the area and not understand the vast differences from one lake to another. True Patricia...the expertise required of an appraiser is very key....and unfortunately not chosen for their very specific expertise when it is required.

Aug 21, 2013 08:30 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Seems to me that the court is doing the right thing is relying on LICENSED appraisers for valuation. 

Anything less, CMA, etc. can surely be suspect.  OTOH, a licensed appraiser's valuation should be objective. 

If we can't rely on objective valuations, we're subject to preferences, favortism and cronyism. 

Are appraisers always right.  Goodness NO. 

Are agents' CMA always right.  HA!!

Aug 21, 2013 08:37 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Agreed Lenn.....it is the time it takes to really, really analyze a specific location and not just look at a house as being "lake property" and using comps from what can some very diversely valued properties.

Aug 21, 2013 08:41 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Good morning, Sally and David.... there are so many appraisers who don't know where they are and have no knowledge of the value of property from one area of town to the other....and a variety of lakes have different home values.... a CMA by an area agent like you would have been more valuable.... a license to appraise means nothing just as a real estate license means nothing unless the agent and the appraiser are familiar with the area.

Aug 21, 2013 09:04 PM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

Divorce.  I remember it well!

Aug 21, 2013 09:04 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

  My point exactly Barb....it can be a battle since the objectivity is "assumed"...

Ah yes Roger...it sure can be a memorable time in one's life !

Aug 21, 2013 09:11 PM
Clint Mckie
Desert Sun Home, commercial Inspections - Carlsbad, NM
Desert Sun Home, Comm. Inspection 1-575-706-5586

Hi Sally and David,

After getting the dreaded curtain all day yesterday, I am back. LOl

It seems the judges of today are real quick in spending some one else's money. The appraisal is not free and in most cases it costs more than a home inspection. That is really hard for me to take.

Have a good day in Wisconsin.

Best, Clint McKie

Aug 21, 2013 10:45 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Your work faces many challenges and a appraisal is just one of them. It sounds like court system is smart requiring the use of a local appraisal.

Aug 21, 2013 11:48 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

That would be true Joe IF the appraiser were smart...increasing thhe appraisal over $100,000 over an appraisal done a year ago in a declining market...yicks !

Aug 21, 2013 11:54 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Along with attorney classes that you hold it might be wise for some of the oh so mighty stubborn judges to attend.

Aug 22, 2013 12:19 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

That might be a challenge Chris....the biggest one is to challenge an appraiser..they have been paid..are "impartial"...and in this case we are arguing for an even lower price...!

Aug 22, 2013 12:32 AM
Kristin Johnston - REALTOR®
RE/MAX Platinum - Waukesha, WI
Giving Back With Each Home Sold!

You guys are the divorce experts, well you know what I mean, I know you are happily married and all LOL

Aug 22, 2013 12:57 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

And the beat goes on.  But, as you say, since there is so much price differential lake to lake the appraisal is the only smart thing to do.

Aug 22, 2013 01:15 AM
James Dray
Fathom Realty - Bentonville, AR

Well lets see I like the colors orange and green, the wife maroon.  I can see where there would be an issue in a divorce.  Since we don't have any furniture,vehicles or the like orange or green in color you think she's trying to tell me something?  :)

Aug 22, 2013 07:51 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Lots of room for disagreement with divorce !

Aug 22, 2013 08:43 PM