Florida State Test Question

[Joyce Potts]

Since we beat this to death on one of the Facebook threads, lets give this a go here. Lets assume for the sake of argument that the court has the authority to appoint and lets not go down that road taking issue whether the court was right or wrong.

What makes the last answer correct?

'A hardware store owner, who is neither a real estate licensee nor a licensed or certified appraiser, was appointed by the court to appraise another hardware store.' The person can:

A - Apply for a temporary license from the Commission.

B - Not be compensated for the appraisal unless licensed or certified.

C - Appraise any hardware store in the state without a license.

D - Be compensated for the appraisal. - CORRECT ANSWER

Discuss!

 

[Meandering]

Question is,

Did he appraise a going concern? Or a vacant hardware store?

.

 

[glenn walker]

I choose "D" He can be compensate- Just like a court appointed referee - no licenses required.

 

[DWiley]

Who can or cannot legally provide an appraisal, and whether or not one can be compensated for providing an appraisal, are both matters dictated by applicable state laws. I have not studied Florida appraisal laws, but that is where the answer would lie.

 

[Terrel L. Shields]

The appraisal regs we labor under apply generally only to FRTs. A court appointed referee can appraise in many states without license. My states actually have three person panel "knowledgeable" to value estates but it is usually cheaper to pay 1 appraiser than three referees. Used to be party to a number of those in early 90's. Oklahoma in particular preferred this system until lawyers discovered the courts were willing to accept certified appraisals.

 

[Joyce Potts]

Since this is state test question, I would think the reasonable assumption is that such a scenario is legal in Florida.

Since this is a Florida State exam question, I think it's also reasonable to assume the question is geared toward real property, not personal property or the business, but even so, inclusive of the real estate.

 

[Elliott]

I asked a realtor, non-appraiser, and she said "D." Jurisdictional exception, or courts can do anything they want.

 

[Joyce Potts]

How can this be jurisdictional exception when the appraiser is not a licensed or certified appraiser? A JE, per USPAP is a severance clause from USPAP, is it not? How can the appraiser severe compliance with USPAP when he was never obligated to comply with it in the first place?

That is a trick answer, BTW.

 

[Elliott]

Joyce,
Its the best answer, or at least the answer deemed to be the correct answer. I used small jurisdictional exception, not USPAP's big Jurisdictional Exception.

 

[Joyce Potts]

I couldn't agree more and I'll post why when I get back this afternoon.