Florida State Test Question

[The Warrior Monk]

Seems to me, if you’re arguing the court has to legally or ethically comply with USPAP, it’s not severence of any ‘appraiser’ to not comply with with USPAP, rather the court severed its compliance by invoking JE. Does that sense?

The concept of JE as defined in USPAP applies to those that have to, or choose to, comply with USPAP. Since courts don't comply with USPAP in the first place, what does severing something that is not applicable (i.e., JE) to the court even mean?

 

[The Warrior Monk]

Now your stretching David. That's like saying the judge could appoint the unlicensed driver. However, if the person was not a driver, the judge could not appoint the person. Anyone can give a value, thus they are an appraiser. If they don't have a license, then they are an unlicensed appraiser. They didn't state that they had to be an unlicensed appraiser by trade.

Typically the term "appraiser" has specific meaning, applicable only to persons that hold a license. However, it is possible there can be variations in meaning of the term depending on the state.

What Denis posted is a reasonable allowance for the courts. That's because there are people that may be valuators that are currently not licensed appraisers. Common examples would be out-of-state appraisers and career appraisers that have given up their licenses.

Additionally, allowances can be common for certain property types that involve out-of-state licensed appraisers. This is especially true of certain property types (hospital, hospitality properties, etc.), where the most qualified individual to appraise the property is not located in the state.

 

[Eli]

The perspective that the question is asked from is wrong. It’s a bad question.

For somebody that has studied and studied and done all their work, it’s bad.

Especially if that question fails them.

 

[residentialguy]

Fred: "I'm here to appraise your store"
Jack: "Are you an appraiser?"
Fred: "I'm not a licensed appraiser, but I'm a store owner and the judge asked me to appraised it for their purposes because I am knowledgeable in this market"

 

[DWiley]

Denis' post 79 not only provides the answer, it helps explain why such a question would be on the FL exam.

There is no JE, because there is nothing in conflict with USPAP.

 

[residentialguy]

The perspective that the question is asked from is wrong. It’s a bad question.

For somebody that has studied and studied and done all their work, it’s bad.

Especially if that question fails them.

Sorry, that's a bad answer.

 

[Eli]

Denis' post 79 not only provides the answer, it helps explain why such a question would be on the FL exam.

There is no JE, because there is nothing in conflict with USPAP.

Yeah, but what about state or local law?

It is a bad question for somebody to fail an exam on.

USPAP applies to appraisers. The way I see the TN state law (not USPAP), is you better be licensed as an appraiser to call it an appraisal.

 

[residentialguy]

Yeah, but what about state or local law?

ahhhh...his answer was in response the state law that was highlighted in post 79 which shows that it is allowable.

 

[Mike Kennedy]

Why isn't the answer "D"?

View attachment 34166

nuff said.

 

[djd09]

It is a bad question for somebody to fail an exam on.

That question is so bad. Makes you wonder if an unlicensed appraiser wrote it.