Confidential Information

[Rice Brewer]

Looking to get the feeling of the forum.

Do you considered measured GLA to be confidential information? At first glance, the answer is "no" because it is generally available online and through the local MLS. However, we all know that those sources often (always?) are incorrect.

I am asking about MEASURED GLA.

 

[Annemieke Roell]

I suppose technically it would be confidential, but I would imagine that if you checked with your client, your client would not have a problem with you telling the borrower what the measured GLA came to ......

 

[Lee SW IL]

How was the GLA obtained? If county records are public then NO, its not confidential.

If you measure, yes. IMO it is confidential, as you had to be granted access to the property to measure the property. Otherwise you would have to trespass to obtain.

 

[Smokey Bear]

If that house ever had an open house, I don't consider it private, as anyone could have measured the house while there. Ditto for floor plan.

 

[Otis Key]

I think I would consider it along the same lines as Lee. However, consider this. Is your measured sf used in your analysis and report to help establish an opinion of market value for a specific client and specific use?

Edit to add: I posted that idea because of the idea about does anyone have access to your files or reports? Also, was it available to anyone else before you measured? In NM, we're a limited to non-disclosure state so that information is not a matter of public record --- and I'm not sure I would ever trust it, even if available.

 

[Tony Blackburn]

Confidentiality (ETHICS RULE)
An appraiser must protect the confidential nature of the appraiser-client relationship.

An appraiser must act in good faith with regard to the legitimate interests of the client in the use of confidential information and in the communication of assignment results.

An appraiser must be aware of, and comply with, all confidentiality and privacy laws and regulations applicable in an assignment.*

An appraiser must not disclose confidential information or assignment results prepared for a client to anyone other than the client and persons specifically authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized professional peer review committee except when such disclosure to a committee would violate applicable law or regulation. It is unethical for a member of a duly authorized professional peer review committee to disclose confidential information presented to the committee.

If you ready this word for word, "assignment results " probably covers as measured GLA.

But if the client hasn't specifically identified as measured GLA as confidential and if the "Legitimate Interests" of the client are not damaged, you can probably, legally, get away with it.

What is the scoop on why you want to do it?

 

[Otis Key]

Along with your post Tony, how "non-confidential" would it be if you posted a fully drawn floor plan on a website? I wonder how long before a law suit and a court order would be in action to get you to remove it?!

 

[George W Dodd]

Good lord, nothing like turning everything into a pretzel. Measured GLA is not confidential information (unless the client specifically stated) otherwise an Appraiser could be forced into a situation of reporting something known to be wrong as factual. Example, a subject property is measured at 2,500sf; public records shows 2,200sf. The property then becomes a closed sale. The next subject is adjacent to the old subject and is a model match. So which GLA do you report? You use the 2,500sf based on physical measurements.

 

[JSmith43]

SF will vary from appraiser to appraiser due to rounding, tape sag, following ANSI to the letter (or not), etc. It is the appraiser's estimate/opinion based upon measurements from an analog instrument. Of course, the result is custom.

I would err on the side of keeping it confidential even in some cases where my client gave me permission to disclose it.

Example: If the client's policy permits disclosure, would you disclose your calculations to a nosey neighbor? What if it was the one time you made an error (noticed the drawing did not close at the office) and the neighbor relied on the numbers and bought the house, wrote an insurance policy, whatever.

Just out of respect for a homeowner's privacy, why disclose it unless an unforeseen serious need blossomed ((hard to imagine-"I''m from the FBI (flashes credentials and a gun) quick, I need the SF", etc)).

 

[Rice Brewer]

What is the scoop on why you want to do it?

The broker called and wanted to know the measured GLA. I, of course, refered her to the report of the appraisal assuming that the lender had provided her with a copy as is often the case.

I was informed that the lender was not providing a copy to the broker.