Blog 7:

The NADA is not nada.

Evidence of the value of a motor vehicle is coming (fast and cheap).

by Andrew R. Korn, Esq.

july 6, 2020

Receiverships often require valuation of property. If you require evidence to prove the value of a motor vehicle, you can incur the cost of an expert witness to testify to the market value of the vehicle.* Or you can attempt to prove value through the testimony of the owner, but that is not as easy as it sounds.** An alternative method for proving the value of a motor vehicle is the National Automobile Dealers Association (NADA).


A trial judge will likely admit evidence of market value from the NADA, and possibly from the Kelly Blue Book (KBB). Just provide the trial judge the Report you received from the NADA website. See In re Solis, 576 B.R. 828, 831 n.5 (Bankr. W.D. Tex. 2016); cf. Transmission Shop v. Chacon Autos, Ltd., 2002 Tex. App. LEXIS 4675, at *4-6 (Tex. App.—Dallas July 1, 2002, pet. denied) (Example of a failure to properly prove the value of a Nissan Altima using an NADA valuation).


* See e.g. Shejaie v. Clemons, 1994 Tex. App. LEXIS 2954, at*5 (Tex. App.—Houston [1st Dist.] Dec. 8, 1994, no writ).


** See Spaulding v. Sumrall, 2018 Tex. App. LEXIS 3676, at *16-18 (Tex. App.—Beaumont May 24, 2018, no pet.); Mathis v. Mathis, 2018 Tex. App. LEXIS 10432, at *10-11 (Tex. App.—Houston [1st Dist.] Dec. 18, 2018, no pet.).