Real Estate: Valuations & Appraisals

Adjunct Professor Paula Konikoff

Practitioners need to be able to critically assess real estate appraisals in various situations so as to better advise their clients and draft more effective documents.  Leases (ground leases, net leases and space leases) often include renewal terms based on market values to be determined by appraisers; partnership and other arrangements (LLC, etc) may have dissolution clauses relying on appraised values.  The language of these clauses can have an effect on the resulting value.  Trust and estate counsel regularly deal with appraisal issues with the IRS and estate planners on behalf of clients, and bank counsel must be conversant with appraisal regulations and requirements at federal and state levels.

Attorneys do not need to know how to perform appraisals, but they should know how to read and understand appraisal reports, how to retain competent appraisers in various situations and be aware of laws and regulations that apply in different situations.  The appraisal that is needed for highway condemnation is not the same as that required for gift tax purposes.

This course will survey the most common uses of real property appraisals in leasing, lending and litigation, review typical appraisal methodology including the Uniform Standards of Professional Appraisal Practice, address how to select and retain qualified appraisers, how to review an appraisal report valuing a commercial property and practice tips for drafting agreements with appraisal clauses.

Class content overview
• Introduction, when appraisals are relevant, what is an appraisal, who are appraisers, what laws and regulations apply
• Understanding the appraisal and appraisal practice: economic and demographic effects on value
• Understanding the appraisal and appraisal practice: three traditional approaches to value
• Drafting valuation clauses: long-term and space leases, partnership agreements, LLCs, etc.
• Appraisals for lending purposes
• Valuation issues in litigation and arbitration
• Using the appraiser as an expert witness

Grading will be based on participation in class, assignments given during the course, and one take-home final/paper.
This is a condensed 1-credit course that will meet for two full-days (Fridays) during the Spring Term.