Anonymous Complaints

[Tom Hildebrandt]

The question is whether or not it is a good idea for licensing boards to accept anonymous complaints. One school of thought says anonymous complaints allow for greater security from retaliation. The other side of the coin is that a professional should have the right to face his accuser.

I would also like to know how various states handle this issue.

I am told a Florida Law which takes precedent over the appraisers licensing law requires anonymous complaints to be accepted.

I also know that the majority of boards in North carolina do not allow anonymous complaints. In fact two boards (dental and real estate brokers) require that in order for the complaint to be processed, it must be notarized and the complaintant must agree to be a witness if the case is heard. The NCAB accepts anonymous complaints.

What sayeth Forumites?

Tom Hildebrandt GAA

 

[Ghost Rider]

Good idea, for this reason......IF there is a valid complaint against an appraiser, there should be a paper trail of whatever the violation is. If it's a report that is fraudulent, why should the accuser be there?? The accuser, IMHO, would be the report that was submitted.

 

[Tim Hicks (Texas)]

I agree with MHM.

 

[Scott Kibler]

Yes they are a good idea?? No they are a bad idea?? Is this a USPAP question? :rofl:

 

[Tom Hildebrandt]

Scott

You are right, I am not much on writing poll questions!

Lets hope every one reads it like you did, a yes vote means it is a good idea.

How does your state treat this topic?

With egg on my face,

Tom Hildebrandt

 

[Farm Gal]

Tom:

First I believe that commercial and residential appraising complaints ought to be handled entirely differently! The complexity and knowledge requirements for proper review differs sufficiently from residential to make handling of such complaints a separate process entirely.

The only appraisers sufficiently knowledgeable to complain about another appraisers commercial work probably do NOT want to be identified. However the unsubstantial backbiting tendencies in that sub-set of appraisal practice seem to far exceed reason. I am not sure what the solution is for commercial complaints.

~~~~~~~~~~~
The remarks below are intended as specific to residential review ONLY.

I believe that a well written, specifically annotated complaint on a given residential report, OUGHT to be investigated... regardless whether the complainant is identified or not: the case for 'needed investigation' would stand or fall on it's own merit.

I am not opposed to a complainant being permitted to send a financial contribution to aid the review process~! I CERTAINLY would have done so on occasion, if such were permitted. :twisted:

Neither Lenders nor Borrowers tend to hide behind anonymity if they are upset about an appraisal! Typically they want not only redress for the perceived wrong, but to have a governmental entity proclaim their cause worthy

I think a board could take care of unsubstantiated and excessive anonymous complaints centered in a given geographic area by requiring APPRAISER complainants to substantiate their concerns. Not necessarily inclusive of disclosure of the complainants name, but to specify what concerns exist about the report submitted. I suppose it would depend to a high extent if so-called professionals were getting into a hissing match and turf wars.

Following my logic: anonymous one line"you need to look at this report' complaints can and probably should be round-filed. If there are a huge series of un-annotated one-line complaints on a specific appraiser the Board could elect to pick one or two give them a cursory look-see to determine if they should be sent out for review.

Application of common sense would help a LOT of processing.

Common sense is sadly lacking in the enforcement end of the appraisal business

 

[Oregon Doug]

Tom - generally, I think it's a good idea for the various state boards to accept anonymous complaints but like anything, the process can be abused by a few so inclined.

Remember that the actual accuser in an appraisal complaint is the state board - not the individual initiating the complaint. It is the state's investigator that determines (or should) if the complaint is valid or not. All complints are subject to the same due diligence - anonymous or not.

What I sometimes see is the frivilous complaint (often filed anonymously) where one appraiser is trying to drive another out of business in a small market or gain some competitive advantage. Sometimes they are used in legal proceedings to discredit the oposing side's appraiser. Sometimes, they backfire.

A fraudulant appraisal is a fraudulant appraisal - no matter who files the complaint and a clean appraisal is clean - even if a complaint has been initiated. The appraisal must stand alone.

Oregon Doug

 

[Pamela Crowley (Florida)]

Tom,

I hope you don't mind that I fixed your poll answers. I'm already wishing I had taken better care with the ones I've been posting.

 

[George Hatch]

My opinion is that if a professional has something to say about a peer they should be held accountable for what they're saying. If I have a complaint to make and I can't back it up with some facts, then perhaps I should reconsider. A frivolous complaint should be fully investigated, and if it's serious enough, should result in discipline.

It should go without saying that merely having a complaint is not at all the same thing as being guilty, and that the elements of any complaint should either be proven independently or cleared without prejudice.

For the record, California requires complaints be signed and notarized. Penalty of perjury stuff. We have one of the highest rates of enforcement activity and resulting discipline in the nation. I would say that supports an argument that identification of the complainant does not necessarily hinder reporting.

Obviously it can also be argued that the states have the right to enact and follow their own "whistleblower protection" laws (which is why they allow anonymous complaints), but I would prefer those not apply to complaints about appraiser misconduct.

 

[wyecoyote]

There are two sides of the coin on this one as I see it.

a) Appraiser trying to drive out the competetion in a given market area files complaints against every appraisal report he/she gets in for review. All filed anonomys so that if one or his/her competetion gets one of his/her reports it would not result in a filing against him/her.

Under that situation the anonomys complaints are a bad idea. Since the board would have no idea and thus would not know if a complaint was simply trying to get rid of competetion or an actual complaint.

B) Trainie works with company for 3 months realizes that company is number hitter. Quits decides to send in the complaint. But ensuing complaint would result in trainie not getting work with another appraiser.

Under this situation anonomys complaints would be better for the trainie.