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Appraiser liable to home buyer for negligent appraisal
Posted by: Ted Schmidt
June 12, 2009
Topic: Arizona Preliminary Med Mal Expert Affidavit Requirement Constitutional

Torts—Appraiser Liable for Negligence to Buyer

Sage v. Blagg Appraisal Co., 555 Ariz. Adv. Rep 22 (App. Div. I, April 30, 2009) (Justice Johnsen)

REAL ESTATE APPRAISER CAN BE LIABLE TO BUYER ON PURCHASE MONEY MORTGAGE FOR NEGLIGENCE IN PERFORMING APPRAISAL

Buyer offered to purchase seller’s home subject to an appraisal.  The appraiser allegedly failed to properly measure the home, overestimated the square footage and allegedly gave an inflated and unreasonable appraisal.  In reliance upon the allegedly negligently prepared appraisal buyer closed on the house. Buyer learned of a 569 feet discrepancy in the square footage a year and a half later when attempting to refinance. Buyer sued the appraiser alleging she would not have purchased the home if the appraisal had been done appropriately which would have revealed her offer was too high.

Defendant appraiser moved for summary judgment claiming he owed no duty to the seller.  The Court of Appeals disagreed finding that Restatement section 552 (Second) of Torts creates the duty when as here the appraiser knows the lender intends to furnish the appraiser to the buyer.  To hold otherwise would be to require the buyer to hire her own appraiser to obtain the same information she needs for the purchase that the lender needs.

The appraiser is liable to the buyer for negligence in the appraisal process.

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Paralyzed Veterans of America Releases New Spinal Cord Injury Guide
Posted by: Dev Sethi
January 28, 2009
Topic: Spinal Cord Injury

Early Acute Management in Adults with Spinal Cord Injury: A Clinical Practice Guideline for Health-Care Professionals

During the first few days after a spinal cord injury, when life-saving interventions dominate the care of the spinal cord injured individual, efforts at preserving life, limiting the severity of the injury's effects and improving long-term outcomes are vitally important. This guideline encompasses the myriad disciplines needed to care for a person from the time of injury through the critical first few days of care. The first days after injury are the most crucial in terms of survival, neuroprotection, prevention of secondary complications, and psychosocial adjustment. Survival and preservation of neurological function are dependent on effective systems of immediate care within the first 72 hours of injury - this guideline provides expert recommendations for optimal treatment during this period.

Paralysis, quadraplegia and paraplegia are life altering and often life threatening.  Acute care, rendered in the first few days, can be the key difference in a patient's long term prognosis.  If you find yourself looking after an injured friend or family member, you should review this informative publication. It will give you important information, and make you a stronger and better prepared advocate.

You can download the entire guide here.  It is free. 

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Check Your License Plate Frame -- New Law Imposes Fine for Illegal Plate Frames
Posted by: Dev Sethi
December 31, 2008
Topic: Arizona Statute Update

Effective January 1, 2009, a new Arizona law gives police the authority to stop a vehicle for the sole reason that its Arizona license plate is not completely visible.

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Uninsured Drivers -- An Alarming Trend
Posted by: Dev Sethi
December 18, 2008
Topic: What to Do if You are in an Auto Accident

More and more drivers are letting their car insurance lapse because of the poor economy.  This puts you at risk. 

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Safety First for Holiday Toys.
Posted by: Dev Sethi
December 09, 2008
Topic: Consumer Safety -- Toys

It's tough shopping for holiday toys.  Lead paint, super strong and super small magnets and dangerous plastics are just some of the dangers parents must navigate.  Get some holiday shopping tips here.

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