The Wilson v. Clark Decision

The court in Wilson v. Clark adopted Rule 703 of the Federal Rules of Evidence, which permits experts to base their opinions on facts or data not independently admissible, as long as the information is of the type reasonably relied upon by professionals in their field. This allows appraisers to reference hearsay data in their testimony if it aligns with standard industry practices.

What This Means for Real Estate Appraisers

1. Reliance on Customary Data Sources Appraisers routinely rely on third-party data such as MLS listings, market surveys, public records, and cost manuals. Under Wilson v. Clark, appraisers can testify about their conclusions based on this data without requiring the underlying information to be admissible as evidence.

2. Admissibility of Expert Opinions Courts focus on whether the appraiser’s methods are consistent with professional standards, such as the Uniform Standards of Professional Appraisal Practice (USPAP). As long as the appraiser’s reliance on hearsay data is customary and well-documented, their opinion is generally admissible.

3. Effective Cross-Examination Preparation While the underlying data doesn’t need to be admissible, appraisers should be prepared to explain how and why they relied on specific sources. This reinforces the credibility of their opinion and withstands scrutiny during cross-examination.

Practical Example

Consider a divorce case where an appraiser is asked to value a commercial property. The appraiser uses MLS comparables, income projections from market surveys, and economic forecasts. While these sources may include hearsay, the appraiser can testify about them under Wilson v. Clark because such reliance is standard in the industry.

By explaining that these sources are customary and essential to producing a reliable appraisal, the expert’s testimony remains admissible and credible.

Why This Matters to Attorneys

For attorneys handling property-related cases, understanding Wilson v. Clark helps you effectively work with expert witnesses and anticipate challenges to their testimony. Choosing an appraiser who adheres to USPAP standards and can clearly articulate their reliance on customary data sources strengthens your case.

Conclusion

Wilson v. Clark empowers real estate appraisers to provide comprehensive and credible expert testimony by allowing the use of industry-standard data, even if it qualifies as hearsay. Attorneys should seek appraisers who understand this ruling and can confidently defend their methodologies in court.

As a real estate appraisal expert with extensive experience in litigation support, I’m always available to discuss how credible, defensible appraisals can strengthen your case. Let’s connect to ensure your clients receive the professional support they need.

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