- 23 - purchase of a new car, petitioner did not provide estimated costs of the repairs. Because petitioner did not provide supporting documentation regarding the condition or the value of the house, Ms. Cochran did not accept petitioner’s reported value. Instead, she determined a value of $240,000 on the basis of recent sales of comparable houses. Petitioner takes exception to Ms. Cochran’s use of sales of comparable houses and asserts that she should have hired a professional valuation expert. While an expert might have provided the most reliable opinion of value, we do not believe that Ms. Cochran’s failure to seek such an opinion was an abuse of discretion. Notably, it appears that petitioner’s estimated value was based on his representative’s comparison of the house with similar houses recently sold and not on an expert’s opinion. It was not arbitrary or capricious for Ms. Cochran to value the house in the same manner. Petitioner believes that, despite the lack of supporting documentation, Ms. Cochran abused her discretion by not factoring in the cost of repairs. Petitioner asserts that, if Ms. Cochran questioned petitioner’s representations, she could have requested more information or accepted petitioner’s invitation to view the house in person. Given the voluminous information provided to Ms. Cochran, we do not believe that she was under an obligationPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011