Also known as: appraise · appraises · appraised · appraising · appraisals · appraisement · appraisements · appraiser · appraisers
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A determination of the fair price or market value of property or an interest. The process produces an estimate used to measure loss, set loan terms, or resolve damage claims.
An evaluative judgment of a situation, necessity, or set of factors. The assessment weighs competing considerations to decide whether conduct is justified or a remedy is appropriate.
Each sense below has its own examples, sources, and questions.
A determination of the fair price or market value of property or an interest. The process produces an estimate used to measure loss, set loan terms, or resolve damage claims.
Aurora Biotech appraises homes in a predominantly Latino neighborhood using an algorithm that assigns lower values solely because of the residents' national origin. A Latino buyer denied a loan based on the appraisal sues under fair housing law because the statute prohibits discrimination in the appraising of residential real property.
Alan Ackerman's warehouse burns. The insurer and Ackerman disagree on the amount of loss. They appoint appraisers who determine the actual cash value of the destroyed property, which then fixes the insurer's payment obligation under the policy.
Yes. Section 3605(b)(2) expressly includes the appraising of residential real property among covered residential real estate-related transactions. Discrimination on the basis of race, color, religion, national origin, sex, handicap, or familial status in such appraisals is unlawful.
When a tortious act both harms property and confers a special benefit on the same interest, courts may offset the value of the benefit against damages to the extent equity permits. Post-harm appraisals that reveal an increase in value are therefore relevant to the mitigation calculation.
Yes. When waste reduces the property's value and worsens the loan-to-value ratio, the mortgagee may seek an injunction or damages calibrated to the impairment. An appraiser's conclusion that value has declined supplies evidence of the impairment.
An evaluative judgment of a situation, necessity, or set of factors. The assessment weighs competing considerations to decide whether conduct is justified or a remedy is appropriate.
Andre Antoine sets a controlled burn on his land to clear brush but fails to check wind forecasts. When the fire spreads toward a neighbor's home, Andre breaks into a locked shed to retrieve a pump that stops the spread. Because Andre was reckless in appraising the need for the break-in, the justification defense is unavailable in his prosecution for criminal trespass.
Anchor Bank seeks an injunction to stop a neighboring factory from emitting pollutants that damage its branch building. The court performs a comparative appraisal of the factors in section 936, including the nature of the bank's property interest and the relative adequacy of damages versus injunctive relief, before deciding whether to grant the injunction.
Aaron Adams secretly spikes Alexis Archer's drink with a drug that substantially impairs her ability to appraise the nature of her conduct. When Adams then has intercourse with her, the impairment supplies the element that makes the act rape under the statute.
Artemis Logistics sues to enjoin a competitor's repeated trespass across its loading dock. The court conducts a comparative appraisal of all relevant factors listed in section 936, including the nature of the interest to be protected and the relative hardships, to decide whether an injunction is the appropriate remedy.
Under Model Penal Code section 3.02(2), the justification is unavailable if the actor was reckless or negligent in appraising the necessity for the conduct. The prosecution may then proceed on any offense for which recklessness or negligence suffices for culpability.
Restatement (Second) of Torts section 933(1) provides that the availability of an injunction depends on a comparative appraisal of the factors listed in section 936. Those factors include the nature of the interest to be protected, the relative adequacy of other remedies, and the relative hardships to the parties.