Legal Aspects of a Business Valuation

Whether you are a seasoned practitioner or just starting, the rules of engagement relative to business valuation are constantly evolving. The courts are setting more and more precedents, the experts are getting better and there are more online valuation sources that “seem” to make economic sense. The Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Institute of Washington, DC are changing dramatically and the experts need to stay current. It seems everyone has suddenly become an expert in the field. Consider a few things before you chose a professional business appraiser:

  • Will your expert be easily qualified by the court?
  • Will the trier(s) of fact have confidence in your expert’s opinion of value?
  • Is that expert known to the courts?
  • Is he or she credible in their report writing?
  • Can they back it up with professional direct and cross examination?
  • Do they have empirical statistics to back up their valuations?
  • Do they advocate for their opinion or their client?
  • How many times have both sides stipulated to mutually use your expert?
  • Does your expert stay current with state law?
  • Can you rely on your appraiser to coach you on key issues prior to hearings and trials?
  • Does the expert have a reputation for prevailing in his or her opinion of value?