Why do appraisers charge upfront fees on Expropriation Cases?

In the field of legal battles, expropriation cases stand out as a unique arena where various professionals come together to ensure justice is served. Lawyers play a pivotal role in advocating for their clients, but there’s another crucial player in this complex process – the appraiser. Their role, although less often in the spotlight, is equally significant in achieving a fair and just resolution. Recently, a lawyer raised an important question: Why do appraisers charge upfront fees when lawyers typically work on a contingent basis?

The answer lies in the very nature of the appraiser’s role and the need to maintain objectivity in the assessment of just compensation.

Independence and Unbiased Approach

Appraisers are tasked with evaluating the value of property subject to expropriation. Unlike lawyers, their role is not fiduciary in nature. This means that appraisers are expected to provide an impartial and unbiased assessment of the property’s value. Their professional integrity rests on their ability to deliver accurate valuations free from any external influence.

Avoiding Bias in Decision-Making

Imagine if appraisers were compensated on a contingent basis, meaning their fees depended on the outcome of the case. In such a scenario, their primary focus might shift from providing an objective valuation to ensuring that their client wins the case. This shift in motivation could introduce a troubling bias into their work. Instead of aiming for an accurate valuation, appraisers might be tempted to sway their assessments to align with their client’s interests.

Distinct Roles in Expropriation Cases

Expropriation cases involve a collaborative effort between lawyers and appraisers, each with a distinct role to play. Lawyers are responsible for legal advocacy and representation, fighting for their client’s rights within the boundaries of the law. Appraisers, on the other hand, provide a critical service by offering an unbiased and accurate appraisal of the property’s value. This appraisal serves as the foundation upon which the legal argument is built.

Professional Integrity

By billing clients upfront and avoiding contingent fees, appraisers uphold the integrity of their profession. Their fee structure ensures that appraisals are conducted according to professional standards rather than being influenced by the desire for a specific legal outcome. This unwavering commitment to objectivity ensures that all parties involved can trust in the fairness of the process.

In conclusion, the role of appraisers in expropriation cases is one of objectivity and professionalism. They provide an essential service by independently assessing property values without being swayed by the legal battle’s outcome. Upholding their commitment to integrity, appraisers charge upfront fees to maintain the impartiality that is so crucial in these cases. In doing so, they contribute significantly to achieving a fair and just resolution for all parties involved.

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Author: AB Agosto

A Juris Doctor and a Professor of Business & Economics at the University of San Carlos. Teaching finance, real estate management, and economics. He conducted lectures on valuation, environmetal planning and real estate in various places and occasions.

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