• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Better break-up with an employer

Status
Not open for further replies.

NYCPDD

Thread Starter
Freshman Member
Joined
Jan 22, 2008
Professional Status
Certified General Appraiser
State
New York
HI.
I am a commercial appraiser.
I have departed the company I've worked for on less than friendly terms with the shop's owner. I have been working for him for years and wrote lots of reports. Our reports are narratives (not AlaMod or WinTotal) and written in MS WORD and MS EXCEL. Clients would normally get printed copy and sometimes secured PDF.
As you could have guessed, I just walked out of the office with a cardboard box. Now, my ex-boss will not release the reports I've written to me. I have to have it by law. Yet I can't get them.

What can I do?
Will the PDF copies of the reports be satisfactory, or should I have the original Word and Excel?

Any advice would be appreciated.
 

Timothy Hogan

Sophomore Member
Joined
Mar 23, 2004
Professional Status
Certified General Appraiser
State
New Jersey
Getting Reports

Its sounds like someone that I worked for in Garden City, LI. You can tell him by U.S.P.A.P. that you have to have access to the file, and that you would like a copy of each report as a PDF. I would supply the shop with the blank CD's or DVD and see if that works. If not you could also file with the state board to see if they can help.
 

Mountain Man

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
Georgia
I only keep PDF versions of our reports. The only thing in our paper files are notes and scribble.
 

JT1974

Senior Member
Joined
Dec 16, 2006
Professional Status
Certified General Appraiser
State
Wisconsin
You need to have "access" not "posession" of your old files. If your ex-employer will agree to give you access then everything is fine.

Your former employer doesn't even need to give you PDF copies of the old reports........just access to them in the event you need them for litigation, licensing, etc.

Basically, your former boss doesn't want to give you copies of all of his old base documents so you can't compete with him using his own tools. I don't think that's out of line.
 

masmia

Sophomore Member
Joined
Oct 16, 2007
Professional Status
Certified General Appraiser
State
Florida
I recently took a USPAP class and this very issues was discussed. According to the professor you are responsible to keep your own records and your employer is responsible for his own records. If you didn't keep a copy of your work your former employer has no obligation to provide you with records after the fact. Good Luck.
 

stefan olafson

Senior Member
Joined
Apr 2, 2003
Professional Status
Certified General Appraiser
State
North Dakota
Hmmm? The two posts above this give conflicting information? USPAP is difficult to understand isn't it?

I've been told you have to have access. Having said this I encourage everyone in a fee shop to make two copies of everything, one for the boss and one for you.
 

USPAP Compliant

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
North Carolina
Not hard to understand at all. The key word ACCESS.


Ethics Rule:

Record Keeping

An appraiser must have custody of his or her workfile, or make appropriate workfile retention, access, and retrieval arrangements with the party having custody of the workfile.
Comment: A workfile preserves evidence of the appraiser’s consideration of all applicable data and statements required by USPAP and other information as may be required to support the appraiser’s opinions, conclusions, and recommendations.



A photocopy or an electronic copy of the entire actual written appraisal, appraisal review, or appraisal consulting report sent or delivered to a client satisfies the requirement of a true copy. As an example, a photocopy or electronic copy of the Self-Contained Appraisal Report, Summary Appraisal Report, or Restricted Use Appraisal Report actually issued by an appraiser for a real property appraisal assignment satisfies the true copy requirement for that assignment.



Care should be exercised in the selection of the form, style, and type of medium for written records, which may be handwritten and informal, to ensure that they are retrievable by the appraiser throughout the prescribed record retention period.



A workfile must be in existence prior to and contemporaneous with the issuance of a written or oral report. A written summary of an oral report must be added to the workfile within a reasonable time after the issuance of the oral report.



A workfile must be made available by the appraiser when required by state enforcement agencies or due process of law. In addition, a workfile in support of a Restricted Use Appraisal Report must be sufficient for the appraiser to produce a Summary Appraisal Report (for assignments under STANDARDS 2 and 8) or an Appraisal Report (for assignments under STANDARD 10), and must be available for inspection by the client in accordance with the Comment to Standards Rules 2-2(c)(viii), 8-2(c)(viii), and 10-2(b)(ix).
 

KenRossman

Senior Member
Joined
Oct 20, 2004
Professional Status
Certified General Appraiser
State
Florida
A pdf is ok but copies of supporting docs (field notes, comp printouts, leases etc etc are also needed).

Another good reason why EVERYONE should either keep their own physical copies or better yet get a scanner and scan everything.
 

Lawrence R.

Senior Member
Joined
Mar 27, 2007
Professional Status
Certified General Appraiser
State
South Carolina
You need to have "access" not "posession" of your old files. If your ex-employer will agree to give you access then everything is fine.

Your former employer doesn't even need to give you PDF copies of the old reports........just access to them in the event you need them for litigation, licensing, etc.

Basically, your former boss doesn't want to give you copies of all of his old base documents so you can't compete with him using his own tools. I don't think that's out of line.

This was my take on it also, but recently it seems our board has changed tack a bit and is saying that we are indeed responsible for all of our files--that is to say that we should retain and have possession over them.

I asked about just such a situation as this, and I was told that if 2 appraisers signed off on them, they should both have copies. Now, this was back in my days as a trainee, and what they were telling me may have just applied to me as a trainee, not to a licensed appraiser.

They did go on to say that if necessary, they could "compel" the other party to comply. So it was cryptic, at best.

I think it is a good idea to keep a copy of your own records, regardless of what USPAP says about it. Unless it specifically prohibits that, of course.
 

Webbed Feet

Elite Member
Joined
Feb 11, 2005
Professional Status
Certified Residential Appraiser
State
Canada
To All,

Our O.P. is very confused for a General Certified. The issue is not just a copy of the report. It has to be access to the entire work file. And this little topic was covered in the 7 hour USPAP update courses several years ago.

I just love it when the forum catches an appraiser that just woke up from his or her Rip VanWinkle nap.

Webbed.
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Top

AdBlock Detected

We get it, advertisements are annoying!

Sure, ad-blocking software does a great job at blocking ads, but it also blocks useful features of our website. For the best site experience please disable your AdBlocker.

I've Disabled AdBlock
No Thanks