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  #1  
Old 01-13-2011, 11:10 AM
rijman rijman is offline
 
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Default Working as an unlicensed appraiser

I recently did an appraisal for a husband in a divorce case and later on I found out the wife hired her own appraiser, who was experienced but unlicensed. Apparently some legal wranglings prevented him from getting his license or he had a license and was unable to renew. He does a lot of legal work.

Is anyone out there aware of an industry for unlicensed appraisers who work as appraisers? Credibility would be an issue although the appraiser could be well trained and experienced. Just wondering if there is a submarket for unlicensed appraisers who can work outside of USPAP and state licensing boards regulations to provide their clients with services in the capacity of an advocate, with or without adequate documentation.
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Old 01-13-2011, 11:15 AM
chicago guy chicago guy is offline
 
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Quote:
Originally Posted by rijman View Post
I recently did an appraisal for a husband in a divorce case and later on I found out the wife hired her own appraiser, who was experienced but unlicensed. Apparently some legal wranglings prevented him from getting his license or he had a license and was unable to renew. He does a lot of legal work.

Is anyone out there aware of an industry for unlicensed appraisers who work as appraisers? Credibility would be an issue although the appraiser could be well trained and experienced. Just wondering if there is a submarket for unlicensed appraisers who can work outside of USPAP and state licensing boards regulations to provide their clients with services in the capacity of an advocate, with or without adequate documentation.
Possibly a Realtor, but his product would be considered a CMA.
  #3  
Old 01-13-2011, 11:19 AM
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Don Clark Don Clark is offline
 
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See this link:

http://appraisersforum.com/showthread.php?t=175389
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  #4  
Old 01-13-2011, 11:58 AM
rijman rijman is offline
 
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Originally Posted by Don Clark View Post
Thanks Don, but my question is more about an industry for appraisers intentionally unlicenced so they can work outside of USPAP and state licensing laws, in the states where the licensing board only oversees licensed appraisers, such as California. Such appraisers could work as an advocate for their clients and/or could provide minimal reports with whatever level of documentation they want, because they would not be bound by any appraisal industry regulations.
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  #5  
Old 01-13-2011, 12:32 PM
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Mark K Mark K is online now
 
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In Indiana a licensed real estate broker can appraise any property in the state, however, USPAP guidelines have to be followed. USPAP is included in the statute by reference.

When the licensing laws were established this loophole was included supposedly so small town banks and attorneys with no licensed appraiser in the area could still use the good-ol-boy system and have the local broker continue business as usual.
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  #6  
Old 01-13-2011, 12:42 PM
Don Clark's Avatar
Don Clark Don Clark is offline
 
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Quote:
Originally Posted by rijman View Post
Thanks Don, but my question is more about an industry for appraisers intentionally unlicenced so they can work outside of USPAP and state licensing laws, in the states where the licensing board only oversees licensed appraisers, such as California. Such appraisers could work as an advocate for their clients and/or could provide minimal reports with whatever level of documentation they want, because they would not be bound by any appraisal industry regulations.
In Virginia if you do not call yourself an appraiser, and do not call what you do an appraisal you do not have to be state licensed or certified. You can call it an "Evaluation".

http://leg1.state.va.us/cgi-bin/legp...+cod+54.1-2010
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  #7  
Old 01-13-2011, 12:52 PM
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DMZwerg DMZwerg is offline
 
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Quote:
Originally Posted by rijman View Post
I recently did an appraisal for a husband in a divorce case and later on I found out the wife hired her own appraiser, who was experienced but unlicensed. Apparently some legal wranglings prevented him from getting his license or he had a license and was unable to renew. He does a lot of legal work.

Is anyone out there aware of an industry for unlicensed appraisers who work as appraisers? Credibility would be an issue although the appraiser could be well trained and experienced. Just wondering if there is a submarket for unlicensed appraisers who can work outside of USPAP and state licensing boards regulations to provide their clients with services in the capacity of an advocate, with or without adequate documentation.
In Wisconsin you have to be licensed to do mortgage work on federally related transactions, but not for anything else. On the other hand if you ARE licensed then, based on my reading of it, you are limited by the license on ALL appraisal work.

Basically that would mean that my Mom, who has no appraisal experience, could legally appraise a farm or commercial property for any reason but mortgages, but I could not.

It gets worse ... as I recall if your license in WI is taken away then you can not appraise real estate for ANY purpose (based on my interpretation and cases mentioned in the WI DRL Appraisal Board ruling records).

Ain't WI great?
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  #8  
Old 01-13-2011, 01:06 PM
rijman rijman is offline
 
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Quote:
Originally Posted by DMZwerg View Post
In Wisconsin you have to be licensed to do mortgage work on federally related transactions, but not for anything else. On the other hand if you ARE licensed then, based on my reading of it, you are limited by the license on ALL appraisal work.

Basically that would mean that my Mom, who has no appraisal experience, could legally appraise a farm or commercial property for any reason but mortgages, but I could not.

It gets worse ... as I recall if your license in WI is taken away then you can not appraise real estate for ANY purpose (based on my interpretation and cases mentioned in the WI DRL Appraisal Board ruling records).

Ain't WI great?
In CA the OREA has no authority over unlicensed appraisers. Anyone in CA can call themselves an appraiser and perform appraisals. If you are unlicensed here you can work as an advocate for your client and it seems to me there might be a market for this although I've never heard of it. As mentioned, unlicensed appraisers cannot perform appraisals for federally related transactions anywhere in the U.S., but they can perform appraisals for many other purposes. One area I thought being unlicensed could help is working with attorneys to refute appraisals in an appraisal related lawsuit. There is also tax assessment appeals or BPO and reconciliation type products where USPAP is restrictive.
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  #9  
Old 01-13-2011, 01:06 PM
Randolph Kinney Randolph Kinney is offline
 
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In California, any appraisal completed for a federally related transaction requires a licensed appraiser. However, work performed for attorneys, private individuals, etc., are generally not federally related transactions and can be performed by anyone. If the appraisal conforms to USPAP, this experience would qualify under Category 1 (Fee and Staff Appraisal) with an unlimited number of hours.

http://www.orea.ca.gov/html/faqlic.s...&ct=clnk&gl=us
  #10  
Old 01-13-2011, 04:19 PM
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Terrel L. Shields Terrel L. Shields is online now
 
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To reiterate a statement I made in replying to Don in that other thread
Quote:
Even then, there are a number of appraisers who are neither certified nor licensed but who practice every day. Some testify in court. I know one in OK who quit the state board in protest over its actions and continues to qualify as an expert witness day in, day out in his home state.
This guy is well respected in the courts and under Daubert rules he clearly qualifies for court testimony. The lack of license is normally not an issue in court proceedings in states that are non-mandatory or have exceptions. In Arkansas, anyone can apply and get a Registered Appraiser license. They do not have to comply with USPAP but they are supposed to be registered even if testifying on mineral rights or horticultural items. Even so, the courts normally accept their testimony and if no one complains they don't get a letter from the AALCB asking them to "cease and desist" from calling themselves appraisers. OTOH, a Realtor can testify and calling his "value" anything but "market value" [estmated price, probable price, listing price, etc.] without the App. board having any say so.

There are MAIs who have no license..at least I have met a couple who didn't but they did tax consulting and certainly tax consulting is the very best place where your expertise could be put to work by valuing "fair value" or "true value" as a proxy for "market value" (but never using that term or the word "appraisal") and charging a fee based on the savings.
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