Discussing Appraisal only with Client

[Vivian Bachner]

Mr Feet

I clearly asked "statute" and "not USPAP" and many are insisting on explaining USPAP, state regs and who governs appraisers. The question was clear to some who answered. Opining that a statute may be incorporated into USPAP does not answer the question.

Vivian

 

[Vivian Bachner]

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

Carnivore,

Thanks for the site.

Ok I'll try again. You guys are tough! But hey, I'm a big girl.

All of the responses addressing USPAP are off topic by my excluding USPAP in the OP. "exact statute citation" and its implications is clear.

Who's Doug?

Vivian

 

[Dennis J. Black ASA IFAS]

I'll try again.

Federal Statutes (or Codes) don't have anything to do with this.

The question falls within the jurisdication of your state. The state statutes do not explicitly state you cannot talk to anyone ther than the client. What the statute says is you must follow USPAP.

That is the end of it. I think you are confused about jurisdications. Federal laws apply to federal issues and this is not a federal issue. This is an issue of New Jersey law. More to the point it is about NJ Adminstrative law.

For the record I KNOW the answer. I was a Certified General Appraiser from 1991-1998 and TAUGHT prelicensing courses in NJ. I started my real estate career there in 1980. I am truy trying to help you Vivian.

 

[Vivian Bachner]

I'll try again.

Federal Statutes (or Codes) don't have anything to do with this.

The question falls within the jurisdication of your state. The state statutes do not explicitly state you cannot talk to anyone ther than the client. What the statute says is you must follow USPAP.

That is the end of it. I think you are confused about jurisdications. Federal laws apply to federal issues and this is not a federal issue. This is an issue of New Jersey law. More to the point it is about NJ Adminstrative law.

For the record I KNOW the answer. I was a Certified General Appraiser from 1991-1998 and TAUGHT prelicensing courses in NJ. I started my real estate career there in 1980. I am truy trying to help you Vivian.

Dennis,

I am not disagreeing with any of what you say vis a vis jurisdictions etc. I appreciate your help and respect your experience but I don't appreciate your implication that I don't understand or that I'm confused about USPAP. I am not.

The fact that we are regulated by state statute does not preclude me from asking about what specific statute may or not be incorporated into our laws. That is implicit in my question because I clearly stated "not USPAP".

Vivian

 

[Vivian Bachner]

I'll try again.

Federal Statutes (or Codes) don't have anything to do with this.

The question falls within the jurisdication of your state. The state statutes do not explicitly state you cannot talk to anyone ther than the client. What the statute says is you must follow USPAP.

That is the end of it. I think you are confused about jurisdications. Federal laws apply to federal issues and this is not a federal issue. This is an issue of New Jersey law. More to the point it is about NJ Adminstrative law.

For the record I KNOW the answer. I was a Certified General Appraiser from 1991-1998 and TAUGHT prelicensing courses in NJ. I started my real estate career there in 1980. I am truy trying to help you Vivian.

For the record, I make it my business to learn something every day

Vivian

 

[Carnivore]

Carnivore,



All of the responses addressing USPAP are off topic by my excluding USPAP in the OP. "exact statute citation" and its implications is clear.

Who's Doug?

Vivian

Ooops Meant Dennis...

OK, so I gave the site to find your answer. How did you do?

FTR, there are Federal regulations that address confdentiality and override state laws. I am not going to tell you what they pertain to...

Now which state do you want the statute citation? I have NC, but this may be useless info if your attorney buddy is not licensed in NC.

 

[Dennis J. Black ASA IFAS]

Federal laws do not always override state statutes.

 

[Vivian Bachner]

Federal laws do not always override state statutes.

Understood; just wanted to know citation

Vivian

 

[Vivian Bachner]

FTR, there are Federal regulations that address confdentiality and override state laws. I am not going to tell you what they pertain to...

Carnivore,

Not a problem, but I really can't for the life of me figure out why you wouldn't share the info except to bust b....


Vivian

 

[PropertyEconomics]

State laws can be more restrictive than federal but not less so is how I understand it.
Back to the issue at hand, confidentiality exists both in USPAP and the GLB Act. I, as many others, believe it extends forever regarding a specific appraisal.