When this case went to trial, we were surprised to learn that the appraiser hired by our lender when we purchased the property, Dennis Kaiser, was the expert witness real estate appraiser for the defense. Since the opinion of the property contained in Mr. Kaiser's Property Appraisal was exactly what we had thought of the property when we previewed it -- that the house had an operable air conditioner and solar heater and needed extensive cleaning, new floor coverings, and paint, we couldn't imagine what he could possibly testify to in support of the defenses' case. What we didn’t know at the time was that the defense attorneys had spent several hours with him prior to the trial and that he was fully prepared to commit perjury.

Our attorney called Mr. Kaiser to the stand. Mr. Kaiser's testimony completely contradicted his written appraisal.  Either his testimony was perjury or he knowingly submitted a fraudulent appraisal to the lender.

The seller’s agent, Betty Palacio, prepared the MLS listing, which stated the house has approximately 2,500 square feet. Mr. Kaiser testified the house has 2,500 square feet.  When asked why his appraisal stated the house has 2,150 square feet, he replied that the house has 2,500 square feet with the garage. (The figures contained in his written appraisal, however, show that with the garage, the square footage would be 2,910.)

Mr. Kaiser testified he deducted $40,000 for the damages, including the deduction for the inoperable and nonexistent solar heaters.  His written appraisal, however, stated he deducted a total of $3,500 -- for what he described in his appraisal as “cosmetic defects only”; and he had added $3,500 for the solar heater.

Since we were claiming $40,000 damages and Mr. Kaiser testified he deducted $40,000 for damages, his testimony supported the defenses’ false claim that we were not “legally” damaged; and, therefore, we had a non-suit action.

Mr. Kaiser testified that without the $40,000 he deducted for defects, the house was worth $230,000, that with the $40,000 deduction for defects, the house was worth $190,000. His written appraisal, however, proves he deducted $3,500 for defects -- not $40,000; proves he added $3,500 for solar -- he did not deduct it; and proves he appraised the house at $187,000 without deducting the defects -- not $230,000.

Mr. Kaiser testified that we got a $230,000 fixer upper for $185,000.  One of Bonnie McConnell’s false contentions that she testified to was that we were looking for a $230,000 fixer upper for $175,000/$185,000.  It’s amazing, isn’t it, how the numbers match?

It was obvious to us Mr. Kaiser had been thoroughly coached prior to his testimony in court. We later learned, in documents submitted to the court by Bonnie McConnell’s attorneys, that in addition to spending .80 hours reviewing Mr. Kaiser’s appraisal, they spent four hours with him prior to the trial.

Mr. Kaiser's testimony completely contradicted his written appraisal, but our attorney didn't challenge any of his testimony. During the next recess, we asked him why; and he told us he was not allowed to impeach a witness he called to the stand.

We knew Dennis Kaiser’s Real Estate Property Appraisal would prove he was lying under oath; and since he testified regarding his appraisal, it could not be disallowed on the grounds of hearsay.  It didn’t matter. The judge would not allow Mr. Kaiser’s appraisal admitted, stating it would be “prejudicial to the jury.” NO KIDDING that it would be prejudicial -- it would have proven Mr. Kaiser was committing perjury and that we were legally damaged!!! We couldn’t believe it!

While waiting outside for court to reconvene, Gina LaBella told me that they had appraised the property at $175,000; that with the $40,000 of defects, it was worth $135,000; and that they had proof that the comparables used by Mr. Kaiser when he appraised the property were incorrect and not comparables of our property. None of the comparables used by Mr. Kaiser were where he stated, none showed acreage, none was three bedrooms like ours, two were three bathrooms -- not two like ours, none was close square footage, and one was a reconveyance, not even a sale.

640 South George Washington Boulevard is NOT two blocks south as Mr. Kaiser stated -- it is one mile south.  (Four bedrooms and 2,250 square feet.)
 

1427 Steward Road is not .5 miles southeast as Mr. Kaiser stated -- it is 4.5 miles southeast. (Four bedrooms, three bathrooms, and 2,450 square feet.)
 

8661 South Butte Road is not one block east as Mr. Kaiser stated -- it is approximately 10 miles northwest near the town of Sutter.  (Four bedrooms, three bathrooms, and 2,400 square feet.) The location shown on Mr. Kaiser’s location map is not 8661 South Butte Road -- it is the 400 block of Butte Avenue.

Judge Norman ruled that he would not allow our expert, Frank LaBella, to give any testimony regarding any appraisals.  He would not allow Mr. LaBella to rebut any of Mr. Kaiser's testimony.  He would not allow Mr. LaBella to testify that while he was conducting his appraisal, he discovered the comparables used by Dennis Kaiser were incorrect and not comparables of our property. Frank LaBella's Real Estate Property Appraisal, which was prepared by his daughter, Gina, was not allowed.  He was not allowed to testify that, including the solar heater for the pool (which did not exist), the automatic sprinkler system (which did not work), and the ceiling fans (which we had installed), they appraised the market value of the property at $175,000.  He was not allowed to testify, as he later told me he was prepared to do, that taking the damages, defects, and nonexistent amenities into consideration, the market value of the property at the time we purchased it was only $135,000 - NOT $187,000 as Mr. Kaiser’s appraised value.

Mr. LaBella's evidence regarding the comparables used by Mr. Kaiser, inadmissible in this court, actually indicated Mr. Kaiser should probably have been a codefendant in the proceedings. As it turned out, Mr. Kaiser's testimony went totally unchallenged, unquestioned, and unrebutted.