Discussing Appraisal only with Client

[Dennis J. Black ASA IFAS]

Post #16

"Dennis,

I appreciate your enthusiasm, but if you would have taken the time to read and understand my original post, you would see that I was asking for help with a reference (legal) Not USPAP and at a higher level than the state regulations; not by reference but the actual (federal) statute. "


Yes, you did ask for the fedral statute. The point is for appraisers there is no higher authority than state statute. You are licensed by your state and fall under their jurisdiction. They may have incorporated other items, such as USPAP, but the authority which ultimately governs your actions is your state statute

 

[Dennis J. Black ASA IFAS]

Dennis,

I appreciate your enthusiasm, but if you would have taken the time to read and understand my original post, you would see that I was asking for help with a reference (legal) Not USPAP and at a higher level than the state regulations; not by reference but the actual (federal) statute.

Seems to me the last line of your post is pretty clear.

The important point for you to understand is that state statutes are what are in play here. All other items such as the USPAP are incorporated into state law. They are not higher. You have a license issued by the state of NJ. That is the highest authority for this matter. It is not FNMA, it is not the Appraisal Foundation, it is not some part of US code. You are held to NJ licensing law which is a STATE statute.

The part of the statute which is important is that part which states that because you have a NJ appraisal license and are operating within the scope of that license you must follow the USPAP.

 

[Dennis J. Black ASA IFAS]

removed repeat post

 

[Dennis J. Black ASA IFAS]

removed repeat post

 

[PropertyEconomics]

Gee thanks Dennis but I didn't ask that

Vivian

YES you did!!!

And for what its worth .. USPAP is incorporated in the statute in my state and therefore is the rule of law. I dont know about your state.

(Im also curious if your attorney is so lame they cant use legal search to find out on their own. Imagine an attorney asking an appraiser about LAW ... simply amazing.)

 

[Dennis J. Black ASA IFAS]

Sorry for the repeated posts.

 

[timd354]

(Im also curious if your attorney is so lame they cant use legal search to find out on their own. Imagine an attorney asking an appraiser about LAW ... simply amazing.)

The attorney probably figured that there are so many appraiser morons out there working for free by doing free "comp checks", etc. that he would see if he could get some of those same morons to do his legal research for him free of charge.

 

[Vivian Bachner]

YES you did!!!

And for what its worth .. USPAP is incorporated in the statute in my state and therefore is the rule of law. I dont know about your state.

(Im also curious if your attorney is so lame they cant use legal search to find out on their own. Imagine an attorney asking an appraiser about LAW ... simply amazing.)

PE,

I was asking for a reference about a specific issue. My question was answered at the beginning of the thread.

The fact that we are regulated and governed by the states that we are licensed and certified in and that USPAP is incorporated into state law(s) was NOT my question.

Vivian

 

[Webbed Feet]

Dennis,

I appreciate your enthusiasm, but if you would have taken the time to read and understand my original post, you would see that I was asking for help with a reference (legal) Not USPAP and at a higher level than the state regulations; not by reference but the actual (federal) statute.

Ms. Bachner,

I think we SHOULD relook at your very first post!

Help!! What is the exact statute citation precluding the appraiser from discussing the report with anybody but the client or regulatory bodies etc. (not USPAP)
Thank you

PS. an attorney asked me

Now I think you are confused about who should retake the time to reread their own posts. Mr. Black was correct all along. You can't expect others to understand by osmosis and answer back with something you did not ask for.

Webbed.

 

[Carnivore]

Help!! What is the exact statute citation precluding the appraiser from discussing the report with anybody but the client or regulatory bodies etc. (not USPAP)
Thank you

PS. an attorney asked me

Vivian,

Where in this original post are the word(s) indicating you were only interested in the Federal Statutes as it pertains to confidentiality?

OK, so you have sort of been given the answer to your question. Can you tell us what your research revealed?

Here is an idea for you to find the answer you need. Ask the attorney to cite his source that compels attornies to maintain the Attorney-Client privilege in Federal Court.

I support Dougs postition, so here ya go , you can find your answer here:

"Code of Federal Regulations"

http://www.gpoaccess.gov/CFR/INDEX.HTML