Legal Request for Old Appraisal
Q: "I received a subpoena to testify at a deposition regarding an appraisal I supposedly completed over ten years ago. I do remember the property. It was a beautiful estate on acreage, with a gated entry and a long heated driveway. The home featured custom high-end finishes, and if I recall correctly, even had an elevator. There was a heated multi-car garage and a couple of guest houses. It is not the type of property you appraise every day.
That said, I no longer have the report or any part of the file, and I cannot say with certainty that I completed the appraisal in 2014.
I called the attorney who issued the subpoena and told him that I no longer had the report and would not be able to testify. He went into a long explanation about how he and his client really liked my report, saying it closely matches the one they currently have. He added that the appraisal from the client's husband is not credible and asked if he could send me all three reports to review. He said he thinks I would be a great expert witness.
I told him that I did not want to be involved in a divorce case and that I have not done expert work in 20 years. I also emphasized that without the original report, I have nothing to contribute at a deposition. I thought the matter was settled.
Then I received a FedEx envelope containing what appears to be a copy of my 60-page appraisal from 2014 along with a business records affidavit. The cover letter from the attorney asks me to sign the affidavit and return it. The affidavit states that the document is a “true copy” of the appraisal I prepared in 2014.
I want to send a brief response to the attorney along the following lines, please let me know what you think:
USPAP only requires that I retain my records for 5 years. I no longer have a copy of this report or any associated documents. I cannot attest that the report you provided is a true copy of the report I prepared unless I had my own copy and was able to compare those 2 documents side by side.
I cannot sign the affidavit for that reason.
A: I think your proposed response is appropriate. I don't understand why he is pressing you about a report that was supposedly prepared in 2014. Why would a value estimate from over ten years ago even be relevant to his client’s case today? The important thing is that you have clearly and politely told him you cannot testify about this assignment. Hopefully, he will take the message and stop contacting you.
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