Page 14 February 2013 Appeals Court expands ability to sue appraisers Jennifer Cranston By Jennifer A. Cranston Historically, real estate appraisers had a fairly limited group of individuals who could sue them for professional malpractice – their clients. However, two recent decisions from the Arizona Court of Appeals have expanded the category of potential plaintiffs to those who receive and rely on the appraisal even though they did not hire the appraiser. Sage v. Blagg Appraisal Company The fi rst lawsuit arose out of Shari Sage’s purchase of a home. In connection with fi nancing the purchase, the mortgage lender provided her with a copy of the defendant’s appraisal. In her lawsuit, Sage claimed the lender’s appraiser negligently valued the property at more than $600,000 when it was only worth $350,000. The appellate court held the defendant appraiser could be sued by the homebuyer even though the lender, not the homebuyer, was the client. The court’s ruling was based on the concept of “duty,” which is the legal term for an obligation to act or refrain from acting in a particular manner. In holding the appraiser owed a professional duty to the homebuyer, the court acknowledged that in the real world buyers and borrowers often rely on the accuracy of the appraisal even if it is written for a bank. The court also found that appraisers often know banks are required to provide their appraisals to residential homebuyers. Based on these facts, the court found Continued on page 20 At Brookdale ® Place Paradise Valley, we’ll help you solve your retirement puzzle! From the subtle to the sublime, we provide the services and amenities that promote a lifestyle of happiness, fun and fulfillment. Optimum Life ® helps residents live at their peak level in six key areas or dimensions of wellness: purposeful, spiritual, emotional, social, intellectual and physical. And with Innovative Senior Care SM , residents have access to convenient on-site therapy services. Nearly all the pieces are in place. The only one missing … is you! UÊÊ >ÞÊ,iÃÌ>ÕÀ>ÌÊ } UÊÀiiÊ7 UÊ7>}Ê*>Ì Ã UÊ-V i`Õi`Ê/À>ëÀÌ>Ì UÊ"ÕÌ}ÃÊ>`Ê >ÞÊ/À«Ã UÊ-V>Ê ÛiÌà UÊ-> UÊ7iiÞÊ>««ÞÊÕÀà UÊ/>Ê Ê>`Ê9}> UÊ<ÕL> UÊi>Ìi`Ê* UÊ Ê*` Come for a visit and stay for lunch! 9ÕÀÊÃÌÀÞÊVÌÕiÃÊ iÀi°°° Independent Living Personalized Assisted Living 13240 North Tatum Boulevard Phoenix, Arizona 85032 1-888-396-6692 www.brookdaleliving.com ®Reg. U.S. Patent and TM Office. 00783-ROP01-0812 SC FURNITURE ACCESSORIES E C L E C T I CH O M E A Z .C O M A style and taste from a broad range of sources—that is what you will find when visiting Eclectic Home. This Scottsdale Airpark store has the perfect mix of one-of-a-kind furniture pieces and accessories to fit everyone’s taste and decorating style. You’ll be even more amazed when you see our pricing. 15020 N. HAYDEN RD SCOTTSDALE, AZ 85260 MON - SAT 10-5 480.284.4746 y p g 3641 N. 56th Street, Phoenix • 480-945-9537 • www.popphoenix.org Northeast corner of 56th St. and Indian School Preschool Registration for Fall 2013 begins on February 1st for New Families In serving the families of the Arcadia neighborhood since 1967, we strive to provide every child with a great preschool experience that includes: • A loving atmosphere and developmentally-appropriate curriculum for children ages 2-5, with an emphasis on social and emotional maturity • A diverse curriculum, including art, science, language development, music, dramatic play and much more • A superb Pre-Kindergarten Program geared to meet all national and state criteria as outlined in the Arizona Core Curriculum Standards • Afternoon Enrichment classes, including Spanish, Tae Kwon Do, Art Masterpiece, Storytelling, MePower Character Building, Gymnastics and Computers • Experienced, loving and well-educated Teachers with excellent student-teacher ratios • Flexible scheduling options, including a Preschool option from 9am-Noon, a 9am-3pm option or an all-day option from 7am-6pm We welcome you to our school and invite you to call us to schedule a tour during February. Classes ŵ ll fast so February enrollment is strongly encouraged.
Page 15 February 2013 well on stage much better than on the big screen. While the close-ups may make the characters more real to the audience, and are a nice change from the wide view of the play, there must be a happy medium between the two that could have made the movie less overbearing. In the months leading to its release, the fi lm was over commercialized and it didn’t live up to expectations. With the suggestion that the music is more worth the money than the movie itself, I give it two and a half stars. Skyfall Director: Sam Mendes Starring: Daniel Craig, Javier Bardem and Judi Dench In this newest Bond fi lm, a mission goes horribly wrong, risking the safety of MI6 agents everywhere. With MI6 under attack, Bond (Craig) seems to be the only one M (Dench) can trust anymore. But his loyalties are tested as M’s past comes back to haunt her in the form of a new enemy (Bardem). It seems there is an endless supply of storylines for James Bond movies, though it’s only as endless as the audience’s interest in seeing them. While the plot isn’t anything groundbreaking, that doesn’t mean it’s boring to watch. It grabs and keeps the audience’s attention, making almost two and a half hours speed by like a car chase. There is plenty of action, which is no surprise in an action movie. The special effects are numerous but aren’t overdone if the giant underground tube crashing through the wall can be ignored. Still, it isn’t enough to become annoying, and most of the special effects are smartly used. Craig is nothing special as Bond, not doing anything remarkably bad or good. Dench is sharp as always and easily convincing as the head of the agency. The best performance is Bardem’s as the villain. Without giving away anything, Bardem certainly manages to express his character’s intelligence and emotions. Enjoying it more than I expected, I give Skyfall three and a half stars. Julie Demetros is a 17-year-old homeschooler from Arcadia who writes about movies and books at julieatthemovies.wordpress.com. Movies Continued from page 6 The Scottsdale Uni fi ed School District Governing Board has elected Pam Kirby as president for 2013. “I am honored and humbled to be selected President of SUSD’s Governing Board,” she said in a press release from the district. “I look forward to working with students, teachers, parents, administrators, taxpayers and fellow Board members to continue and expand on the wonderful work that has been done to date. Together, we will make Scottsdale the Gold Standard of education not only in the state of Arizona but across the nation.” • A Spanish Immersion preschool program for children ages 2 to 5 • High quality early childhood education with low student to teacher ratios • Center-based curriculum includes language, art, music, science, math and world culture. REGISTER NOW for the Summer and Fall 2013 session YOU’RE INVITED Little BIG Minds Spanish Immersion Program Phone: 602.910.4417 • 4601 N. 34th Street, Phoenix, AZ 85018 We are located on the Biltmore Preparatory Academy Campus www.littlebigmindspreschool.com Give your kids the gift of early childhood bilingualism Residential & Commercial Services Schedule your Olive Tree Service Call 602-544-0515 Schedule your Olive Tree Service Call 602-544-0515 There is only a limited time for to be effective, so don’t wait. Olive Tree Service There is only a limited time for Olive Tree Service to be effective, so don’t wait. Call Now for best results We offer a full range of and Call us today to see how we can help you Tree Weed Services We offer a full range of Tree and Weed Services Call us today to see how we can help you Serving Arizona for over 25 Years! Celebrating 30 years of serving Arizona! No more messy olive droppings! Home Furnishings ~ Interior Design ~ Fabrics ~ Accessories ~ Upholstery ~ Renovations Retail Showroom Open M-F 10am-5pm, Sat by Appt. 2720 North 68th Street, Suite 3, Scottsdale, AZ 85257 (Located next door to Switch Consigment) 480-326-7771 www.ParkAvenueDesign.com All Styles. All Spaces. All YOU. Life Insurance... A Gift of Love El Seguro de Vida... Un Regalo de Amor How big is your love? When you give a life insurance policy from New York Life, you are letting your loved ones know that they are protected and secure in the event RI WKHXQH[SHFWHG,W·VRQHRI WKHPRVWVHOÁHVVJLIWV\RX can give. Contact me to learn how you can give your loved ones the greatest gift of all. SMRU467150CV(Exp.01/11/14) For more information contact: Chad Tucker, New York Life Insurance Company Agent 480-371-3355 • ctucker@challandassociates.com