Florida State Test Question

[Eli]

I don't think the test question assumes judicial incompetence or ignorance.

It is a bad question. Can we agree?
But I telling you appeals happen every day.

 

[The Warrior Monk]

It is a bad question. Can we agree?

There is nothing wrong with the question as a general test question. It has the potential of being problematic question in that tests may also include state-specific questions, which may have regulations that add conditions to AQB minimums. If the question was qualified to state that "Under FL regulations," the answer would be "B."

 

[Eli]

I don't think the test question assumes judicial incompetence or ignorance.

It is a bad question. Can we agree?

There is nothing wrong with the question as a general test question. It has the potential of being problematic question in that tests may also include state-specific questions, which may have regulations that add conditions to AQB minimums. If the question was qualified to state that "Under FL regulations," the answer would be "B."

Then an appeal would be in order. If it breaks state law, then an appeal would be in order.

 

[Eli]

It could break city or county law and deserve an appeal. Save that fight for another day if you have presented evidence to judge and he or she rules.

I’m not stupid. I don’t want to be handcuffed. Lol

 

[Joyce Potts]

Similar to jurisdictional exception and severance, how about judicial exception where the judge has severed from normal protocol in appointing a non-lic or non-certified appraiser to engage in appraisal practice? Other than that, all other laws and rules apply.

Frankly, I think it's a great test question as it makes people think. David seems to be the only one that wants to justify another answer on the basis that the '...judge is breaking the law..'.

I can also understand that in an area where there are no available licensed / certified appraisers qualified to appraise a hardware store, such a judicial exception is justified and reasonable, regardless of what David thinks.

Great test question!

 

[The Warrior Monk]

I can also understand that in an area where there are no available licensed / certified appraisers qualified to appraise a hardware store, such a judicial exception is justified and reasonable, regardless of what David thinks.

This by definition is not a JE, so what I think about isn't relevant. It's a statement of fact.

Keep things simple. JEs only apply to those that have to, or have chosen, to comply with USPAP. Stating that the judge is making a JE is nonsensical and meaningless.

What you're doing is referring to other legal matters and concepts and incorrectly conflating them with a JE.

 

[Joyce Potts]

Ok, lets reverse engineer this. Assuming the correct answer is D. What makes that the correct answer?

Jurisdictional Exception or Judicial Exception as a principle or doctrine. You're suggesting the term jurisdictional exception is exclusive to USPAP? No one is ever allowed to apply or use the same term relating to judicial severance in non-USPAP related matters?

 

[The Warrior Monk]

D would be correct in the context of a general test question, because a nonappraiser to whom USPAP doesn't apply to in the first place can collect a fee for a valuation. Obviously when asked in the context of state laws that go beyond the minimums might change the answer, because the question and answer would be qualified.

If the concept of JE exists outside of USPAP and applies to judges, I have never heard of it. IMHO, it is also essentially not to conflate a defined concept with an undefined concept and use the interchangeably; it simply confuses the issue.

A judges duties are well defined. A judge does not have discretion in ignoring/making decisions contrary to/etc. the law. And there are also actions and remedies that can be taken when a judge does exactly that.

 

[The Warrior Monk]

I'll rewrite the question in the context of FL state law to clarify my point.


'A hardware store owner, who is neither a real estate licensee nor a licensed or certified appraiser, was appointed by the court to appraise another hardware store. The jurisdiction is the State of Florida, a mandatory license state, which requires that any person performing a commercial property appraisal have a certified general credential. It is also prohibited by law that an unlicensed individual may be compensated for performing a service that requires a license.' The person can:

A - Apply for a temporary license from the Commission.

B - Not be compensated for the appraisal unless licensed or certified.

C - Appraise any hardware store in the state without a license.

D - Be compensated for the appraisal.

What is the answer now?

 

[Mike Kennedy]

Does an Evaluation require a license in Florida?