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Attorney request for file information

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MARKETVALUE

Sophomore Member
Joined
Feb 11, 2002
Professional Status
Certified Residential Appraiser
State
Georgia
Hey gang-

Im just not thinking clearly today but have a hypothetical general question. IF an attorney requested all your file information on an assignment(attorney not judge) and IF you obtained a release from the original client, and IF the attorney provided you additional compensation for your time, how many laws and/or USPAP regs may I be in violation of not to mention user agreements with realtor and data services, etc.

thanks for you input. I just need some direction on this.

MRM
 

Tejus

Member
Joined
Nov 1, 2002
Professional Status
Certified Residential Appraiser
State
Texas
Don't give the attorney the info unless you are ordered to do so by the court, i.e. a subpoena.

If the original client wants another copy of the report, provide him another copy from your records and charge a reasonable fee for doing so.

Your work documents are your private property and do not need to be turned over to another party unless that party has the legal authority to obtain them (via appraisal regulation or other legalese).
 

Rob Bodkin

Junior Member
Joined
Nov 9, 2002
Professional Status
Certified Residential Appraiser
State
Washington
With the clients permission you can give a copy of the appraisal to anyone.

That being said I would be awful careful about giving it to an attorney, or anyone else for that matter ESPECIALLY if they compensate you for the time/trouble etc. Regardless of what you say in your letter of transmittal, that would tend to imply a new client relationship and be prone to lead to all sorts of long conversations and letters that you might not want.

I would want to clearly know why they wanted it and what my liability would be down stream.

As a rule lawyers are no better or worse than anyone else, but also as a rule I am very carefull how and when I work with them. Some apprasiers love litigation work, for me the prep time and hassle and level of work that goes into testifying make it a loser of an assignment.

My 2 cents.

Rob Bodkin
Freestone Partners
 

Lee SW IL

Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
Illinois
I wouldn't provide the the appraisal to anyone other than the client. I would also not provide anyone my work file.

I don't agree that the client can release you of your USPAP respondsibility of confidential information. The client can release that information (report) if they so wish.
 

Farm Gal

Elite Member
Joined
Jan 14, 2002
Professional Status
Licensed Appraiser
State
Nebraska
Copy of appraisal YES with cleint release in writing. It's a product. It's the cleints product, they paid for it.

Copy of work file, not just no, but HELL NO :bad-words:
Not without a court order.

If they want a consultation on the development of the report (which is my intellectual property- not the client's), WITH full disclosure to and permission from the client, maybe :? I'd want a LOT of questions answered as to the reason for their 'need to know'.

The fee is going to be comensurate with MY opinion of the value of my time and WON'T include the documents in my paper file...:evil:

Just curious, Lee : what information contained in a 'regular residential appraisal' would you consider confidential information that is 'owned by' or 'subject to privacy/confidentiality' to the client, beyond the obvious name address etc of the client? I have a reason for inquiry and want to see where this goes.
 

Lee SW IL

Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
Illinois
Lee Ann

I consider the entire report to be confidential.

I may be a bit over cautious, but I'm from Illinois. Mike Brown Director of OBRE - Appraisal attended a NAIFA meeting, and basically advised, let the lender give the information away, that way you cannot ever be respondsible for what they gave away. Any information on an assigment should be directed to your client. If the client wants to release anything in that report, fine, but you did not, and are not obligated to do so and you are not obligated to the new user.

I released a report once, then got all sorts of requests after released. Thus creating more hassel than its worth.

Well, my new approach to a new client is that they can order a new assignement.
 
Joined
Jan 16, 2002
NEVER EVER give anybody your work file without a subpeona. Attorneys can twist any microscopic detail into any scenario they want.
Believe me, I've learned the hard way on this topic. Once you receive a
subpeona your off the hook on all that USPAP stuff. I also don't give copies of appraisal report to anybody, regardless of who says what.
Lender can provide copy if they want, but it's not coming from me.
Did they actually use the words "your work file" ? If not, they may only be asking for copy of appraisal.
 

Richard Carlsen

Elite Member
Joined
Jan 15, 2002
Professional Status
Licensed Appraiser
State
Michigan
I agree with Lee.

The entire report, including your work file, has got to be considered confidential. The report belongs to the client and it is theirs to do with what they wish. The work file is yours. Period. It may also contain confidential information and is not for perusal by anyone.

Question: Would the attorney let you look through his files? Fat chance.

Kindly tell him that your work files are private property, may contain privileged information and are not for public dissemination.
 

Restrain

Elite Member
Joined
Jan 22, 2002
Professional Status
Certified General Appraiser
State
Florida
Only with a subponea, period. If the attorney is serious, you contact your E&O provider first and let their attorney fight the subponea. Any time you hear the word Attorney, run.
 

Pat Butler

Senior Member
Joined
Jan 17, 2002
Professional Status
Certified Residential Appraiser
State
Illinois
All excellent advice. Please note however that the client can give you permission to release confidential data. See Confidentiality line 311+ regarding client giving you authorization and A0-10 lines 60+ where it also addresses the same subject.

Sometimes a homeowner will order their own appraisal for PMI removal after telling me that the lender gave them instructions. If the lender wants to engage my services with them (lender) as a client then I get a release from my original homeowner client. Part of that release states that the original homeowner client is providing a complete release of any confidential information to the new client...
 
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