Court Finds ‘Market Value Concept’ Requires Flexibility

Business Valuation UpdateVol. 20 No. 5
Legal and Court Case Update
May 2014

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6531 Real Estate Agents and Managers
531390 Other Activities Related to Real Estate
breach of fiduciary duty
daubert, expert testimony, minority discount, real estate, rule 702, discount for lack of control (DLOC), market value, estate and trusts
Marcus v. Quattrocchi
2014 U.S. Dist. LEXIS 19041
February 4, 2014
US
Federal Court
New York
United States District Court
Howard Fielstein, Peter von Nessi (plaintiffs); Timothy Barnes (defendants)
Briccetti

Summary

Court says under Daubert a business valuator is qualified to value an investment company dealing in real estate since the company is not a piece of real estate but a business with diverse assets and finds real estate valuation is by nature “imprecise.”

See Also

Marcus v. Quattrocchi

Full Text of Court Cases
February 4, 2014

Court says under Daubert a business valuator is qualified to value an investment company dealing in real estate since the company is not a piece of real estate but a business with diverse assets and finds real estate valuation is by nature “imprecise.”