• 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.

Company Refuses To Give Copies Of My Reports

Status
Not open for further replies.

Dee Ann Casey

Sophomore Member
Joined
May 29, 2002
:angry: I did some contract work for a company for about 6 months and they wanted my digital signature. I was reluctant to give it out, but I did it in order to get work. I emailed the reports to the company without my signature so they could review them and then place the final signatures on them to be sent to the clients.

I have only received some of the final copies of my reports. Now they are refusing to give me copies of the reports and are saying that they are not required to give me the copies and that the appraisals are their companys property. They are the only ones who have the copies of my reports since they finalized the reports in the first place. I am required by law to keep copies of my reports for a certain time yet they refuse to give me those reports. Why would they be so ridiculous! Maybe they lost them!

Has this ever happened to you are someone you know? I am furious! What rights do I have to get copies of my own reports in Michigan?

I am anxiously awaiting your comments. Thank you.
 

Pine Tree

Junior Member
Joined
Aug 19, 2002
Professional Status
Certified Residential Appraiser
State
Maine
Hi Dee Ann,

My first call at the open of business today would be to my state board and next would be my attorney.

Insisting on your having access to your signature seems very questionable.
It's like handing over signed blank checks! :eyecrazy:

Wendy
 

Bill_FL

Senior Member
Joined
Aug 23, 2002
Professional Status
Certified General Appraiser
State
Florida
Dee Ann,

First, NEVER give out your digital signature. You have probably just announced to your state's board that you have committed a major blunder. You signature is what clients pay for.

First, I would gently remind them that you are required by law to have a copy, should you call the appraisal board and have the board remind them? After that they will probably give them to you. While you are there picking up the report, have them go into windows explorer and delete your digital signature, then go to the recycle bin and have it emptied from there.
 

Phil Rice

Member
Joined
Apr 22, 2002
Professional Status
Certified Residential Appraiser
State
Colorado
My advice:

Send a letter to the company. Do not be rude and do not make threats that you will not make good on. Be very clear about what you ask them to do, no room for misunderstanding or wiggle room.

Ask them to:

1) Immdiately stop using your signature, and permenatly delete the image of your signature.
2) Make a list of all the reports you want a copy of. Tell them that an electronic copy is acceptable, you are willing to do the prinitng.

You should make a new siganture file. Ideally, it should be enough different that you could easily spot the difference when comparing a xerox copy of the old to a xerox copy of the new. For example, add your middle initial if you did not use it before.

Do not hire an attorney and do not contact the state board unless you have reason to believe that they are making unauthorized changes to your reports or are using your signature to sign someone else's work. If you think that this is happening, consider the option of sending a letter to their clients to advise them that as of 6/1/03, you no longer work for that company. If you do not know the name/address of the clients, you have limited options. Maybe a phone call to the state board, and ask for someone to give you advice, and document for your records who you spoke to and what they said. If they give some kind of answer like, "I can't give legal advice", just document that you tried.

IMHO, the odds are very much in your favor that this will not turn into a problem for you. Do not assume the worst. Think positive.
 

Jeff Horton

Senior Member
Joined
Jan 15, 2002
Professional Status
Certified Residential Appraiser
State
Alabama
You have received some good advice. The first thing that came to mind was they have to provide you with copies. The second thing is that the state could nail you for doing that. I don't know if they would but I think they could. Be very careful if you talk to your state board(assuming you made an honest mistake) or you could find yourself having to explain what you did.

My next question is did they alter the reports using your signature and is that why they don't want to give it to you? Sounds a bit suspicious to me.
 

Joshua Fookes

Junior Member
Joined
Jan 15, 2003
Professional Status
Certified General Appraiser
State
California
In the future sign it before you send it. if they want changes made you can do them yourself. Possitives to that:
1. You know what they are wanting changed.
2. why they are wanting it changed.
3. if it is wording or something petty, you know what to do or not to do the next time and it saves you and them time down the road.

BUT GAURD THAT SIGNATURE LIKE YOU MOST PRECIOUS FINANCIAL POSSESION

that is if you do this appraisal thing for a living. there are some crummy things that could happen if it got in the hands of a crummy person, but lets not dwell on that

Josh
 

John SRA

Junior Member
Joined
Jan 19, 2002
With all due respect to those who posted previously, there is no requirement for an appraiser to have custody of a copy of previous reports or workfiles, and there is no requirement that the company make a copy for you.

USPAP does not require workfile possession, it only requires that you have access (see lines 333-336).

When you work for another appraiser, either as a contractor or employee, you MUST make workfile access arrangements. Obviously, it is best to make workfile access arrangements at the beginning of the relationship in order to avoid a mess such as the one Dee Ann is in.

Have a good day

JC
 

Tawfik Ahdab

Senior Member
Joined
Feb 19, 2003
Professional Status
Certified Residential Appraiser
State
Oregon
John, you're right about USPAP. However, state laws or adminstrative rules may require something more than USPAP in this respect. It's best to check on an individual state basis.
 

Phil Rice

Member
Joined
Apr 22, 2002
Professional Status
Certified Residential Appraiser
State
Colorado
I say it goes beyond USPAP, State or Federal Law, etc.

If my signature is on the document, I am entitled to a copy. If someone wants to argue that, my response is that you are entitled to your opinion, but mine will not change. I think most people would agree with me.

My question to the other company would be: Here is a list of appraisals I want access to, do I have access or not? If yes, then I should be able to arrange to make some kind of copy (digital or paper).

I do not advise that you attempt to "force" them to give you copies. Ask them to, and if they refuse, take the action you think is appropriate (in the circumstances) to protect yourself.
 
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