Categories: News

Iowa Court of Appeals Affirms Reasonable Reliance Requirement in Appraiser Negligence Case

Young by and through Young v. Rally Appraisal, L.L.C., No. 18-0942, Court of Appeals of Iowa (April 3, 2019)

On April 3, 2019, the Iowa Court of Appeals issued an opinion affirming the reasonable reliance requirement under the Second Restatement of Torts § 552 in an appraiser negligence case.  The Court affirmed summary judgment granted against a beneficiary of an estate who relied upon an appraisal as part of a settlement of the estate.  Before entering into the settlement agreement, the beneficiary’s representatives authored e-mails harboring strong opinions about the deficiencies of the appraisal but nevertheless entered into the settlement agreement in reliance upon the appraisal.  The beneficiary’s representatives were aware that the property was not in proximity to public infrastructure and expressed opinions that the sales comparisons used in the appraisal were improper.  The Iowa Court of Appeals recognized that although justifiable reliance under § 522 is ordinarily a question of fact, the element can be negated as a matter of law when circumstances exist under which reliance cannot be justified.  The Court found that the beneficiary’s representatives “complained about the horse having just one eye, but bought it just the same.”

Download file here

Please contact Michael McCormick at (303) 779-2721, mmccormick@montgomerylittle.com with questions.

Published by
Montgomery Little Soran

Recent Posts

Six Montgomery Little & Soran attorneys selected as 2024 Super Lawyers

Montgomery Little & Soran proudly congratulates James J. Soran, III, Nathan G. Osborn, and John…

9 months ago

Use of statutory exceptions continues to rise in Colorado real estate transactions.

In 2019, the Colorado Legislature enacted a bill under which the buyer may accept title…

10 months ago

Divorcing a Narcissist and Thinking Strategically

Divorcing a narcissist will often be physically and emotionally draining. Expect that a narcissist will…

2 years ago

Happy Holidays From Montgomery Little & Soran

All of us at Montgomery Little & Soran wish you happy holidays and a healthy…

4 years ago

CARES Act and the Bankruptcy Code

by Brent W. Houston  The Coronavirus Aid, Relief and Economic Security Act (CARES Act), enacted…

5 years ago

Our firm is Open

Our firm has implemented recommendations suggested by the Center for Disease Control (CDC), the State…

5 years ago