Preview Mode Links will not work in preview mode

The Appraiser Coach Podcast


Listen while you drive to and from appraisal inspections as Dustin Harris, The Appraiser Coach, gives you helpful tips, tricks, ideas, and principles which will make you a better appraisal business owner. Dustin has been a successful real estate appraiser for many years. As the Appraiser Coach, he has made it his life’s mission to teach other appraisers across the country to also succeed and thrive as real estate appraisal business owners. Join Dustin each week as he keeps you informed with the latest in the appraisal profession, interviews movers and shakers, talks to your peers about what is important to them, and shares with you his secrets to incredible success.

Jan 22, 2017

We are all familiar with the USPAP confidentiality rule.  We are obviously committed to keeping all rules, but are we actually breaking the rule when we show our report to other individuals within or outside our offices?  Tim Andersen is here to clear some things up.  


Mike Ford, AGA, CA AG, GAA, RAA, Realtor ®
over eight months ago

Too much parsing of what the meaning of 'is' is.

Look up the definition of confidential. Use the podcast example of the attorney / agent for a famous celebrity that does NOT want his or her name even mentioned. Add the following circumstances:

Purpose: determine market value. Intended Use: to determine property value for dissolution of marital estate. Intended users: Client; his attorney; opposing counsel, their client and officers of the court. Additional User: United States Bankruptcy Court

Assume there is a celebrity or trophy property premium as the property is been owned by an exceptionally famous celebrity.

They do NOT want other people in the office to know what's going on! They especially do not want people in India doing QC screening; or outside typing services to have this knowledge that so and so property owner (which can easily be tied to the specific famous celeb)is even having an appraisal done.

Problem is the level of circumstantial ambiguity at the onset. Tim Andersen applied appraiser common sense. THAT is something that MOST STATES regulators sadly lack. They see black and white according to THEIR individual perceptions. You already have 50 state and 7 territorial regulator interpretations PLUS the appraisers interpretation. Are you going to risk that YOUR state will use the same appraiser type common sense Tim did, OR are they going to take a Philadelphia Attorneys view and find a USPAP violation if ANYONE other than the engaged appraiser is given access to the report?

Dustin Harris
almost nine months ago

Craig:

Crazy story. Wow. Thanks for your feedback

Craig Morley
almost nine months ago

Dustin

While serving on the Utah Appraiser licensing and Certification Board an appraiser had been turned in to the State with a complaint. When the DRE asked for the work file, the appraiser refused making the argument that it was confidential. After 2 years and about $10,000 in attorney fees, the appraiser ended getting a court order to turn over the files. The appraiser lost his license.

USPAP specifically allows the report to be provided to regulatory agencies and to trade organizations for pier review.

Good topic. I agree with Tim and Your perspective on confidentiality. We have staff set up, review and upload reports in addition to reviews. As long as the staff understand the confidential nature of the documents.

Good job

Craig