Florida State Test Question

[hastalavista]

Lastly, I'm totally in favor of this....


However, I thought I was told its practical implementation has not been finalized yet (but, I could be wrong).

 

[Eli]

Joyce,

Send this video with your email that says it’s a bad question. Say Eli said so. Lol

 

[djd09]

Yeah the States better exempt themselves. Rule number 1. There are two sets of rules.

 

[hastalavista]

I'm loath to make this statement, but against my better judgment, I will....

It would seem the State of Florida, presumably an informed user of appraisal and non-appraisal valuation products, sees some benefit for allowing alternative standards (non-USPAP) for some of its intended uses.

Now, back to your regularly scheduled program.

 

[Joyce Potts]

I don't think the state sees any benefit, I think this is a simple state appraisal test question that provokes the student to logically think it through. More about theory than real life practice. So is the State of Florida an 'informed' user, an intended user, or the client? Against my better judgment.

 

[hastalavista]

I don't think the state seems any benefit, I think this is a simple state appraisal test question that provokes the student to logically think it through. More about theory than real life practice. So is the State of Florida an 'informed' user, an intended user, or the client? Against my better judgment.

I will leave you with the last word on this because an alternative standards discussion will really sidetrack your original post.

But what I don't understand is this:
Is my excerpt of the Florida Statute (post #79) accurate and am I interpreting it correctly?
If so, I'm surprised this discussion went as long as it did.
If not, I'm seriously missing something here.

 

[Joyce Potts]

I will leave you with the last word on this because an alternative standards discussion will really sidetrack your original post.

But what I don't understand is this:
Is my excerpt of the Florida Statute (post #79) accurate and am I interpreting it correctly?
If so, I'm surprised this discussion went as long as it did.
If not, I'm seriously missing something here.

Too bad we can't let a Florida judge answer that. The better question might me is to seek out the person who developed the question and hammer he or she on the intent and support for the 'correct' answer.

 

[The Warrior Monk]

Why isn't the answer "D"?

View attachment 34166

Thank you Denis. I stand partially corrected.

The statute does specifically state "appraiser," but the question in the OP does not. So if the hardware store is an unlicensed appraiser, the judge could appoint the unlicensed appraiser. However, if the person was not an appraiser, the judge could not appoint the person. Also, the issue of compensation remains in the air. Just because the statute states the an unlicensed person can do the appraisal, it does not automatically follow that the person can be compensated, as the statute does not note compensation, while at the same time and unlicensed person cannot collect a fee for unlicensed fee.

So I'll revise my answer.

In the context of a general test question, without consideration of state laws, "D" is assertively the answer.

In the context of test question in the context of FL law, the answer can be "B" or "D", since the issue of compensation is still up in the air.

 

[Joyce Potts]

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?

 

[residentialguy]

So if the hardware store is an unlicensed appraiser, the judge could appoint the unlicensed appraiser. However, if the person was not an appraiser, the judge could not appoint the person.

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.