A Land Appraiser Prepared an Appraisal of a Property for a Real-Estate

question 153

Multiple Choice

A land appraiser prepared an appraisal of a property for a real-estate development company. The appraiser had been told that the appraisal would be used by the company to attract potential investors. Because the appraiser forgot to check the recent changes in the zoning by-laws, the appraisal was not accurate; the investor, a party unknown to the appraiser, was misled about the value of the land and, consequently, suffered a financial loss. On these facts, which of the following is true?

• A) A land appraiser owes a duty of care to his client, the company, but not to any potential investors.
• B) A land appraiser owes a duty of care to his client, and to potential investors only if he knows the name of the investor.
• C) The investor might sue the appraiser for "negligent misstatement causing economic loss."
• D) The investor must suffer his own loss, because an investor takes the risk and so must take care.
• E) A person cannot be sued for words that cause loss, only for actions that cause physical injury.

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Definitions:

Nonbinding Arbitration

An arbitration process where the decision or award cannot be legally enforced, and the parties are free to pursue further legal actions.

Binding Mediation

A dispute resolution process where the parties agree in advance to comply with the mediator's decision or recommendation.

Good Listening Skills

The ability to effectively receive, interpret, and respond to verbal communication and non-verbal cues from others.

Taking Sides

The act of supporting one position over another in a dispute, debate, or conflict.