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April 2007

April 13, 2007

What's In a Value?

There are a number of appraisal values that may be selected for use by a client. Most folks are familiar with two; Fair Market Value and Forced Liquidation Value, which is better known as Auction Value.

 In actuality, there are a whole host of differing value concepts used by professional appraisers including; Reproduction Cost New; Replacement Cost New; Fair Market Value; Fair Market Value in Continued Use; Fair Market Value – Installed; Fair Market Value – Removal; Liquidation Value – In Place; Orderly Liquidation Value; Forced Liquidation Value; Salvage Value; Scrap Value; Insurance Replacement Cost and Insurance Value Depreciated.

The use of any of these values depends entirely upon the client’s purpose and intended use of the appraisal. In a bank foreclosure situation, one of the liquidation values is best, depending upon just how the bank intends to dispose of the assets. Liquidation Value In Place represents the amount obtained from the sale of a failed facility when sold intact. However, if an intact sale is not possible, then Forced Liquidation Sale or Auction Value is likely appropriate.

 The responsibility of the appraiser is to make certain that the purpose and intended use of any appraisal is in line with the value concept being considered. Far too many times clients request values that are inappropriate to the actual intended use of the appraisal. 

 For example, I was engaged to perform an appraisal of business assets for the purpose of property settlement resulting from a divorce. The engaging attorney indicated a desire to have the assets valued at Forced Liquidation Value. His reasoning was based upon the actions of opposing counsel who had already engaged another appraiser to value the same assets using the same value concept.

 Forced Liquidation Value is defined as the amount that could typically result from a properly advertised and conducted public sale with the seller being compelled to sell, with a sense of immediacy on an as is-where is basis. In this instance, the assets were actually not for sale and the business was continuing to function at a profit. The opposing counsel’s intent in this instance was to have the lowest value result possible in order to reduce his client’s potential liability. 

 In the end, I convinced engaging counsel (and eventually the judge) that Fair Market Value which is defined as the end result between a willing buyer and seller in a arms length transaction, was the proper value concept to employ. The judge eventually awarded my client a higher property settlement amount than was originally proposed.

  Professional appraisers, especially those designated by a national appraisal organization, are thoroughly trained in value concepts and the purpose and intended use of each. Whenever an appraisal is being considered, it is always best to consult with an experienced appraiser in order to make certain you are getting exactly what you pay for.