Certification 25 3.6

[DWiley]

Maybe @DWiley can chime in. The person that authored it seems like their opinion is it conflicts with USPAP by signing the certification.

There is no need to chime in when TAF has already given their view

 

[chad hampton]

I just amend the certifications as I see fit.

 

[Fargo1]

USPAP applies to appraiser conduct. USPAP does not apply to user conduct WRT the appraisal reports.
The appraisers have no control over the conduct of the clients and users; and no confidentiality responsibilities for what those clients and users do.
....

But Cert 25 says the appraiser himself is granting use of the data to anyone who gets a copy of the report. It does not say the appraiser gives the client permission. It says the appraiser grants permission to any "entities who receive this appraisal report". That is appraiser conduct. Cert 25 basically puts it on the appraiser, that the appraiser is saying anyone who gets their hand on this report is free to use it however they want. Read the article if you skipped over it, I think it makes a pretty solid case. Here is the text from Cert 25 as indicated in the article.

“Any of the foregoing persons or entities who receive this appraisal report may choose to store, copy, reproduce, analyze, use and distribute the data in the appraisal report for internal or external purposes without having to obtain the appraiser’s or supervisory appraiser’s (if applicable) consent.”

 

[djd09]

i write that use of the appraisal report by unintended users without written consent is prohibited...problem solved

 

[DWiley]

But Cert 25 says the appraiser himself is granting use of the data to anyone who gets a copy of the report. It does not say the appraiser gives the client permission. It says the appraiser grants permission to any "entities who receive this appraisal report". That is appraiser conduct. Cert 25 basically puts it on the appraiser, that the appraiser is saying anyone who gets their hand on this report is free to use it however they want. Read the article if you skipped over it, I think it makes a pretty solid case. Here is the text from Cert 25 as indicated in the article.

Where in the language of the cert does the appraiser give permission? It simply recognizes the reality of what is done. Nowhere does it say, "I (the appraiser) grant permission..."

If I say that someone in Nashville may choose to exceed the speed limit today, is that me granting them permission to speed? Or is it just recognizing a fact.

 

[djd09]

certs are not TAF business...but appraisal bias is

 

[Vermonter]

We are handing the report to a client/intended user. What they do with it is not in our control. There's a difference between an appraiser disseminating confidential information to someone other than the client and any foregoing persons doing so.

That being said, this cert seems like a poorly worded attempt to say "what they do with it is not our fault". Since they've been doing whatever they want with our reports for years now, they could've just left it out. Very odd.

 

[chad hampton]

Appraiser organizations should have gotten together and created their own forms.

 

[George Hatch]

But Cert 25 says the appraiser himself is granting use of the data to anyone who gets a copy of the report. It does not say the appraiser gives the client permission. It says the appraiser grants permission to any "entities who receive this appraisal report". That is appraiser conduct. Cert 25 basically puts it on the appraiser, that the appraiser is saying anyone who gets their hand on this report is free to use it however they want. Read the article if you skipped over it, I think it makes a pretty solid case. Here is the text from Cert 25 as indicated in the article.

The cert doesn't give permission to anyone to do anything. It acknowledges what these users might do. The last clause of the sentence even mentions "without having to get the appraiser's consent" thereby differentiating between what the users do from whether the appraiser provided consent. The sentence itself directly contradicts the interpretation that's under dispute here.

Whether that acknowledgment is made or not won't alter what these users do. They've apparently been doing it all along and can be expected to continue doing it going forward. If they had omitted that disclosure then you'd be all over their *** for not disclosing the situation as if user conduct was a secret. You'd be complaining no matter what they did.

Heck, if they wanted to they could even revise that cert saying that by performing the assignment the appraiser was explicitly giving permission to those users to use the info however they see fit. What then?

In any case, this here is still America. Appraisers are free to accept or reject these assignments if they think the terms and conditions are unacceptable. If you object to the terms on offer you can either attempt to renegotiate them or decline the assignment.

 

[George Hatch]

Appraiser organizations should have gotten together and created their own forms.

The Appraisal Institute has its own forms. I think they're good forms. Better than the GPAR derivatives of the GSE forms.