Florida State Test Question

[The Warrior Monk]

Ever heard of the term 'dissolution' applied to marriages, corporations, business partnerships, partition proceedings, etc.?

Yes. Unlike JE, it actually has a legal definition outside of a document for licensing.

 

[The Warrior Monk]

We all had test questions that we disagreed with and wished we had more clarity.

This was a simply test question as to what the best answer was given the question and the multiple choice answers. That's it.

This question is like Schrodinger's Cat. The answer exists in more than state (situation) at once, and the state of the answer will depend on where the box is opened up.

 

[The Warrior Monk]

A judge's duties are defined - not always well. It's why there are appellate courts. Their immediate decision that they think is within the law, may later be ruled contrary to the law by the state appellate court, the state supreme court, and on to the Federal Supreme Court. To make a blanket statement that a judge would order such thing is 1) not within the context of the original question, and 2) unrealistic in everyday court cases.

It should also be noted that the judge's action is independent of the nonappraiser collecting the fee. So ultimately whether the judge correctly or incorrectly took made that decision is irrelevant. In other words, it does not follow that because the nonappraiser does an appraisal, that the nonappraiser may also subsequently collect a fee for an activity that requires a license, contrary to law. In other words, no go on the fee in FL.

It was the concept and general meaning of JE that got me to the correct answer in the first place. As did many of the test takers that got the question right.

JE don't apply to nonappraisers, so I'm confused on that point. It's irrelevant to the question.

 

[residentialguy]

It is a bad question. Can we agree?

I don't think is it. This is not an USPAP issue. It's a hypothetical question which did not state anything about an authority or law present that requires a licensed appraiser. You can't make up situations where the question is impossible that might or might not be in some jurisdiction that most would have no clue of whether or not it existed. The court (which is an authority) deemed him to be eligible to complete the appraisal, therefore, yes, he can do it and get paid for appraising it.

 

[The Warrior Monk]

It's a hypothetical question which did not state anything about an authority or law present that requires a licensed appraiser.

For clarification, I wouldn't have brought the jurisdiction up in the first place. Joyce had brought it up in prior discussion.

It appears that she is trying to find the best answer that can answer the question generically and also in the context of her own state. That can't be done in this circumstance because the answer will be different. However, as those who have taken the newer test know, do not add assumptions to generic test questions. The questions are generally designed just the opposite; they throw too much information at the test taker to test their reasoning skills.

 

[Eli]

For clarification, I wouldn't have brought the jurisdiction up in the first place. Joyce had brought it up in prior discussion.

It appears that she is trying to find the best answer that can answer the question generically and also in the context of her own state. That can't be done in this circumstance because the answer will be different. However, as those who have taken the newer test know, do not add assumptions to generic test questions. The questions are generally designed just the opposite; they throw too much information at the test taker to test their reasoning skills.

What is that old saying?

“Never say never”. Lol

You just don’t mess with a court of law even though appeals happen every day. And wrong people are convicted sometimes and guilty people go free. The movie “ The Shawshank Redemption” is a great movie.

Depending on the nature, a party may appeal the court’s actions with a certified general appraiser with years and years of experience in appraising properties similar to the subject.

 

[Eli]

We all had test questions that we disagreed with and wished we'd had more clarity.

This was a simply test question as to what the best answer was given the question and the multiple choice answers. That's it.

It’s a bad question in my opinion. The reason it is bad to me is because it has extraordinary assumptions in the question. It would be a great question for people wanting to do legal work. It’s a bad question because what class or source was the answer addressed?

It would be a great (composition) summary type question, but bad the way it is worded and being multiple choice. Too many unknowns.

The term “appraisal” in answer “B” is a huge curve ball. I would have to make an extraordinary assumption what “appraisal” means in the question and the answers.

None the less, I know from experience a court makes the rules. Sometimes as it goes along, but it’s rules are it’s rules.

If it says I want to hire you as an appraiser to do whatever. It can do it.

Can it be appealed? Yes, it can be appealed both by a higher official or a public member.

 

[Joyce Potts]

David, you still will not answer my question as to how a non-lic or cert appraiser can engage in appraisal practice and not be in violation of the law?

FREAB investigators are not license for a reason. They skirt USPAP. How is that possible when Florida is a USPAP mandatory state?

 

[Joyce Potts]

And BTW, I didn't post the original test question in the Facebook Appraisal Group, another appraiser did.

It's a great question in terms of provoking discussion.

Most came up with similar responses as the other Facebook group.

Good job!

 

[residentialguy]

You can be an appraisal expert and not be an appraiser. Lawyers hire appraisers that are no longer licensed to review and tear apart appraisals in a bias manor to find all the flaws in it. They aren't under USPAP rules. To appraise a property is not the same as calling yourself an appraiser.

I'd like to hear Tim's input on this
@timd354