Presentation on theme: "THE ART OF THE ADJUSTMENT PROCESS George Librizzi George Raymond Brown."— Presentation transcript:
THE ART OF THE ADJUSTMENT PROCESS George Librizzi George Raymond Brown
A review of the classical A review of the classical development and application of adjustments in the appraisal process
This seminar is intended to raise issues and be thought provoking rather than a definitive guide to specific adjustment methodology
What are the Judges saying ? A strong message has been sent to the appraisal community by the courts
It is in your best interest to be aware of the court’s opinions on a particular property type BEFORE appearing before them! https://www.judiciary.state.nj.us/taxcourt/taxcrt opinion.htm …or your valuation could get booted out!
What is the root of the issue ? Incompetence? Lack of supporting evidence? Or just poor preparation?
SCOPE OF WORK WHAT DID WE PREPARE OUR WORK PERSONAL HISTORY EXPERIENCE OBSERVATIONS
Super Secret Adjustment Sheet – 2013 GBA or SFLA$30 -$130 per Sq. Ft. (except for condominiums) Heat typeHot water baseboard - $2,500 Forced Air – A/C+2,500 Land$3 per Sq. Ft. (30% of site value) Land$10,000 per acre (rural home sites) Condo GBA$110-180 per Sq. Ft. GRM (Wildwood) 80 – 425 (Stone Harbor) Cap rate8.0 – 9.0 Fireplace$2,500 Pool$25,000 Basement$5,000 Finished Basement$10,000 Entrepreneurial profit ----- 10 Percent
OVER-COMING THE PRESUMPTION OF CORRECTNESS Pantasote Co. v. City of Passaic The presumption must be rebutted by cogent evidence that must be,..definite, positive, and certain in quality and quantity Presumption remains in effect even if the district used a flawed valuation method
COMMON ADJUSTMENT ISSUES The Principle of Contribution Customary, Usual & Reasonable The Sequence Comparative Analysis
Justify the reasonableness Extensive discussion of reasoning Location = quantitative It is expected the expert will explain the why’s and wherefores Should be applied first MAJOR SALES COMPARISON TECHNIQUES
a. High value residential in day long trial b. Named experts; remember your reputation is on trial c. Quality dispute and bathroom count issue d. Sales outside of the subject’s taxing district approved e. Adjustment issues generally are addressed f. Cost approach completed and ignored g. Property record card need not be reviewed h. Plaintiff’s report and testimony “fatally flawed” I. Appellate court defers to the expertise of the tax court j. Small, typographical errors do not undercut the report k. Adjustments must be made to explain differences l. Attacking evidence post hearing is unacceptable m. Admitting an expert report and evidence and relying upon it was not an “abuse of discretion” by the trial judge n. Multiple approaches to value must be reconciled by the court o. Judge relied on both reports; cherry-picking; trial judge has the discretion to adjust comparable sales after review and consideration of both reports
Matthew Tuck vs West Caldwell Neighborhood Analysis Sale price ranges Values range per unit Rejection of comparable sales cited Motion for reconsideration post judgment
Elrabie vs Boro of Franklin Lakes Measurements Suggest a mistake, any mistake Interior inspections Assessment records presumed correct Common types of adjustments Proper comparable sale selection Comparable sales grid of plaintiffs’ appraiser Unit of comparison $/Sq. Ft. of gross living area Using a size related unit of comparison eliminates the need for size adjustments
More from Elrabie…. Condition v. Quality Admitting reports (and testimony) into the record Presumptions of correctness is describe in detail Burden of proof remains with the plaintiff throughout the trial The sales comparison approach is the best method of appraising a residence What spills out of your mouth likely is not retractable; less is more Chapter 123 is inapplicable in the year of a revaluation Counter-claims (20 days), should not be made to achieve a tactical advantage In dealing with the public, government must turn square corners! Without a claim or counterclaim, the court is unable to increase an assessment in a revaluation year where Chapter 123 is inapplicable
Discrepancy in building area; heated space Estate sales as market evidence Burden to prove that a sale is not bona fide falls on the challenger using creditable evidence Failure to explain adjustments Facts and data are necessary to support an expert’s opinion Adjustments must have a foundation in market data; possibly supported by a cost manual No support for the cost approach, not even a definition for the word ‘area’ Both appraisals tossed due to lack of support for adjustments
a. Using sales in another competitive district b. Selective rejection of unsupported adjustments c. Judgment based upon a fair preponderance of evidence provided by both parties d. Cost approach is appropriate for valuing new or relatively new construction since cost and market are more closely related when properties are new; also applicable to special purpose buildings e. The tax court is regarded as an expert; they may pick and choose what they rely upon from the expert’s testimony, reports, and the record f. The court may not apply its own adjustments without support Silverman v. Allenhurst
g. Very often “adjustments made to comparable sales are subjective in nature.” h. Excess land substantiation: $1.5 million per acre i. Declining Director’s Ratio equates to an advancing market j. Errors in the direction of the adjustment, superior or inferior? k. Paired Sales Analysis not included in the report is not considered l. Unsubstantiated effective age adjustment are unacceptable Silverman v. Allenhurst
Bogusevich v. Township of Ocean a. Subjective nature of adjustments acknowledged b. No interior inspection of comparable sales conducted c. No adjustment for bathrooms, redundancy of GLA he says? d. Exterior photographs helpful e. GLA and site adjustments rejected due to lack of support f. Land abstraction example detailed (an example for you to you) g. No adjustment for basement or basement finish (could be compared with office area in an industrial warehouse) h. Subject purchase price ignored; expert includes no analysis in report; USPAP error of omission; purchase price could be controlling with support
Common Adjustment Issues Adjustment Issues begin with Comparable Sales Selection
Comparable Sales Selection Selected Sales must have the same highest and best use. The sales must be as similar as possible to the subject, reflecting the actions of typical buyers. You must assume the posture of the typical buyer. The goal is to find sales that require little adjustment. Common adjustments should be linked to the buyer’s perspective.
Common Adjustment Issues A Comparable Sale Should be a Realistic Alternative Investment for Buyers in the Subject’s Market
Common Adjustment Solutions Key Terms Relating to the Adjustment Process
1. Make every attempt to inspect the interior of comps 2. Review the comp sale photos in the MLS 3. Determine the Q&C from the property record card for the subject and comps 4. Last ditch: Make no adjustment for Q & C!