The New USPAP

[Mejappz]

And that speaks to the issue of interpretation. We all can read the document but what we think we read and what someone else thinks they read from the exact same sentence might not be the same. Like the 2008 Q & A where so many on this forum argued that it was "wrong"...we can't agree that apple butter and a cow patty are not the same thing. Whose fault is that?

Precisely, that happens when you have a nebulous, poorly written document that continues to change every two years.

 

[Mejappz]

Would you not be emotionally distraught if a board took away you livelihood and you think they interpreted USPAP wrong? I mean what if you lose? A friend of mine was in this business before I was. He got into it with another friend of mine. I liked both of them, but when the one got on the board, he was instrumental in seeing Terry sanctioned...not merely sanctioned for his first offense but they actually revoked his license. He went to court and won. Got his license back. Dissatisfied, the board then fined him $1,000....although a JUDGE had vacated the entire sanction. His lawyer said, "Pay it. That's cheaper than I will cost you." Wow. What a nice choice to have to make. He got his license back and let it expire. Retired at age 60 or so, moved over to E. Arkansas where he passed away a few years later. It was a bitter memory to him.

A board is a good name for them. Dart Board comes to mind.

Just look at the cases you posted from Oklahoma a few months ago. One of them said the appraiser had violated USPAP because he did not take notes while at the subject. No, sorry, we need real courts to defend ourselves and then sue for damages if necessary.

 

[Terrel L. Shields]

because he did not take notes while at the subject.

Exactly. And guess what? When I do a vacant land parcel, it is rare that I need any notes. I drive out look at the property, photo it every which way. So am I supposed to guess how many acres are woodlot? How many are pasture? And I take a picture of the cross country electric transmission line...do I need to write that down? I rely upon the assessors estimate of the amount of woods, etc. I don't need to write down the obvious.

 

[djd09]

The ASB is composed of humans. Humans are not perfect. The document is not perfect.

Having said that, I have yet to see anyone post an actual example of some current passage that is allegedly unclear. If it is as bad as some claim, post the (current) examples.

well, if, USPAP is so crystal clear, why the new version...buy the book take the class snake oil salesman

 

[DWiley]

Just look at the cases you posted from Oklahoma a few months ago. One of them said the appraiser had violated USPAP because he did not take notes while at the subject. No, sorry, we need real courts to defend ourselves and then sue for damages if necessary.

Yet another example of a board problem.

Can you cite an actual USPAP problem? Give us an example of a "nebulous" passage, please.

 

[DWiley]

well, if, USPAP is so crystal clear, why the new version...buy the book take the class snake oil salesman

If it is so unclear, why the big struggle to provide actual citations/examples?

 

[Fernando]

well, when the state boards accepts any compliant, like value, even from unintended clients, it makes them look like a kangaroo court and that makes USPAP useless and them corrupt

USPAP needs to be easier for everyone to read. The consequences are the lawsuits against appraisers when unintended clients go after appraisers.
USPAP binds appraisers but others not understanding USPAP will go after appraisers when things go wrong.

 

[George Hatch]

Half or more of the revisions are added as anti-lawyer countermeasures, to prevent offenders from arguing and distorting the meaning of "is". These clarifications never extend to altering any of the underlying fundamentals nor the reasoning behind the existence of each of these minimums.

You'll notice that every single time one of the arguments gets run all that way into the dirt the person on the losing end ALWAYS devolves to arguing that the definitions being used are wrong and need to be changed. It happens every time. That's because their arguments are usually based on either using the existing terms inaccurately or using fuzzy terms for the purpose of obscuring who is doing what. Once we translate these terms into appraiser-speak the solution is obvious, with no room for "confusion".

 

[djd09]

If it is so unclear, why the big struggle to provide actual citations/examples?

if it is so clear, why the unconscious bias accusations?

 

[George Hatch]

Another non-response to the question being asked.

But since you bring it up, what does an individual's personal failure (or an allegation thereof) have to do with the substance of the professional standards of practice?