Complaints filed against appraiser Has anyone been in front of the board?

[Bob Ipock]

Complaint filed from a "Non-Intended User" of course it's about value, board asked for file, now I am under the microscope. hearing next week, any advise, thought?

Tell the truth. Be sure you and they have the same work file. Don't **** them off.

 

[Zoe]

Tell the truth. Be sure you and they have the same work file. Don't **** them off.

Or if you don't, then send it to them before you get there. Say, I left this out by accident if that is what happened. Don't play there. Nobody is perfect. They can get you on USPAP and methodology if they want to. Use your tools wisely. Lawyer will them there. And probably paid for by E&O company. How much loss we talking about here in the event of a mistake?

 

[glenn walker]

Take your policy out and read it most don't realize how limited the coverage is against State Board Complaints and it has nothing to do with the million dollar policy--Also you do not contact your personal attorney unless the E & O approves them defending you and they won't because all they are doing is writing letters and helping you establish a defense. BUT the appraiser should always immediately contact their E & O Legal for advice and guidance- If they don't when renewal comes up its like Adios Bye-Bye-and all they do is defend appraisers and where as Personal Attorneys are normally more versed in Civil Law not Administrative Law. Any advice to the OP is wrong other than contact TODAY their E & O Attorney and he/she can get them an-extension if needed to prepare a good work file and a defense. All the rest is just chatter and unsupported opinions and is not helpful to the OP.

They may provide like so much in personal legal expense for a lawyer to appear with them.

 

[Zoe]

There has to be some kind of damages claimed by the unintended user......

Don't share it here.

 

[Mejappz]

Well, look what we have here—a state board accepting a claim from an unintended user over a value dispute. Look what 300 peanuts gets you, Georgey.

 

[Zoe]

That does point to potential problems with fast and furious in the future though. Take note AMC's and GSE's......etc.

 

[Zoe]

I'll play ignorant because I think it took honesty to post the complaint. This is my song to OP. I don't stand with many people:

 

[DWiley]

Well, look what we have here—a state board accepting a claim from an unintended user over a value dispute. Look what $300.00 peanuts get you, Georgey.

Complaint submission has never been been limited to intended users. Many who are not intended users find themselves subject to a legal requirement to file complaints in certain cases.

And, while I have seen many complaints start out as value disputes in disguise, in the literally hundreds of cases I have been involved in I have never seen a board have a hearing over value.

 

[alebrewer]

There has to be some kind of damages claimed by the unintended user......

Don't share it here.

Incorrect - at least for TX. As the boards generally see part of their mission as protecting the public trust, they generally don't require actual damages. It is enough that the board just finds USPAP and/or State Reg infractions in order to proceed with an investigation.

 

[alebrewer]

And, while I have seen many complaints start out as value disputes in disguise, in the literally hundreds of cases I have been involved in I have never seen a board have a hearing over value.

Agreed. At least in TX, once a complaint is submitted, the investigation (should the board pursue one) does not focus just on the area of complaint - the board will investigate the entire report/workfile. For instance, if a seller submits a complaint regarding GLA calculations, and the board pursues it, the ENTIRE report and workfile now are fair game... not just the GLA calculations.