Does the report ALWAYS belong to the client?

[DonPearsall]

I know all about that the client A must release an appraisal for use by client B, according to USPAP.

However, what if client A has never paid for the appraisal, and probably never intends to? Now the borrower is dealing with Client B and requests that the appraisal be transferred. Doesn't Conract Law 101 override this confidentiality? If Client A has not performed according to the implied contract (i.e. paid the bill), does the report actually belong to client A?

Wouldn't the appraiser be justified to rename the client in the report as Client B, and deliver it with no transfer letter and no re-inspection? Sorry if this has been covered before.

Don

 

[airphoto]

Don,

Absolutely agree with you .. nobody owns a report til it's bought and PAID FOR!

 

[rtubbs]

Don, I wouldn't hesitate about renaming/reissuing the appraisal.

 

[Joe Birrell (NY)]

The appraiser owns the report until it's paid for. Full fee x2 is owed at this point and nothing leaves the office until $$$$ is in your bank !!!!

 

[Anonymous]

Don:

My copy of USPAP doesnt say anything about the client having to pay for the appraisal. The client is the party who engages or hires the appraiser. The confidentiality section does not say, "If the client pays for the appraisal, an appraiser must protect....". Perhaps you all need to re-read USPAP.

There is a way around this however. The legnth of the life of the appraiser-client relationship is defined in AO-10. The relationship ends when at "...the completion of the intended use or the original appraisal..." You should also read A0-3 about updating an appraisal.

Now, to re-assign the report you have, that the client wont pay for or send you a release. (assuming they havent sent you one that says DO NOT release the appraisal) Simply have the borrower put in writing that he has withdrawn his application from the first lender/client and does not intend to use them. You now have an end to the appraiser/client relationship and may proceed. I assume this time you will collect your fees prior turning in the appraisal.

Please forgive my typos....fingers dont work that well this early.

 

[Bemis Pownall]

remember our fee is not contingent upon the value of the report! if we ever get that fee that is.

I was told to site the original lender in the report..something like..."this report was originally prepared for xyz mortgage scam inc"..."has been released by xyz, xx/xx/2002". I put that in as many times as it will fit within the report, and I dont remove it when asked. Hate to be accused of misleading anyone..

 

[Anonymous]

Bill is right. A can give B a copy, YOU have no obligation to "update" it period. They have no NEED by their own rules to ask for that "update or recertification" anyway.

You have no obligation to either one at this point.....if B wants to pay you for a report done for A, fine. My reply would be simple. I did not get paid for A, and I do not intend to thrown good money after bad so I am not touching it....until my "relationship" with A is "fixed" (paid.) Since that is not contingent upon what B wants, I would simple tell them I would re-appraise it for my regular fee with a caveat that I would state in the report that I previously had appraised it for another party and the only remaining client relationship issue I had with A was the absence of payment, and that has no effect on value estimated blah blah blah.

ter