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Help I Am Being Screwed By The VA Dpor!

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cdubvb

Freshman Member
Joined
Nov 29, 2014
Professional Status
Appraiser Trainee
State
Virginia
I am a Certified Residential appraiser in the state of VA, at least for now. I worked my *** off to get my education and experience requirements completed before the new regulations took effect on Jan. !st of this year. I was told several times by a member of the VA DPOR board that as long as I had those completed in time and was approved, I could sit for the exam after Jan. 1st. I have an email from the Board stating as such. I was approved to take the exam on Dec. 10th, 2014.

So with the holidays coming up, my husband deployed, and being the sole caregiver of my elderly mother, I decided to take a break from the studies and wait just a little to take the Certified residential exam. I passed it on my first attempt on March 2nd, 2015 and was sent my license shortly after. I have since been working the past year as a Certified Residential, FHA approved appraiser and accepted an offer to open an office as a partner with another appraiser who had been in business for over 10 years.

Just before Christmas of this year, I received a letter from the DPOR stating that they had made an error, and that I did have to pass my exam before Jan. 1st, 2015, therefore my license is in jeopardy unless I can prove that I have the current educational requirements mandated after Jan. 1st. I feel as though I have been gutted with a samurai sword. I have been working as a certified appraiser for most of the year and now it can be taken away, along with my FHA certification, due to their mistake? I had looked to them as the authority in regulation, and believed that what they told me to be true. Otherwise I would have taken the exam before Jan. !st. There was a good chance I could have passed it, as I passed it with a score of 100 out of 110 on the first attempt. I also passed my licensed residential exam with similar scores on the first attempt. Had I not passed, I would have probably been taking classes all year towards my bachelors degree. Now I have potentially lost a year. But I feel confident that I would have passed had I made the effort. I would have at least liked a chance, and had they not misinformed me, I would have taken that chance.

They are holding an informal fact finding session in January, and by the wording of the documents, it is only for me to prove I have the required bachelor's degree as they "lack the authority or legal jurisdiction to amend federal requirements." Where do I go from here? I am looking for legal counsel, but am not sure where to begin. What type of lawyer handles these cases? I don't even know if it will be worth the cost, because it seems I may have to fight at the federal level if VA lacks authority to overturn this. Does anybody know of a similar case or have any advice? I spent a lot of time, money and effort getting the required education in on time, and I don't see how I am any less qualified to hold my credentials just because I passed my exam a litle later than required. Now I may lose my job, as my colleague needs a partner with similar credentials. Not to mention that I will have to call the many AMCs that we work for, to inform them that I am no longer certified nor FHA approved, should I lose my case. Can I sue the DPOR? I mean, we carry E&O insurance for a reason. They really made a big time error and ommission! And now my career is in jeopardy!
 
IANAL, but I doubt you have a case. The problem is: you knew the new education requirements, but delayed taking the exam in time to meet the deadline before the new requirements kick in.

Also, what does your E&O have to do with anything?
 
IANAL, but I doubt you have a case. The problem is: you knew the new education requirements, but delayed taking the exam in time to meet the deadline before the new requirements kick in.

Also, what does your E&O have to do with anything?
I was just making a comparison about the E&O. If we can be liable and sued for faulty information, shouldn't they be liable as well? And I only delayed the exam because the Board told me I could. Otherwise I would have gone for it. Now I wish I had, but I had a lot going on at that time and felt it would be better to wait since I believed the Board who said that I could...
 
Get on the phone and contact a few attorneys who do Real Estate or Business Law. Get legal council and forget your E & O they are not going to defend you. Your first line of defense will probably be having the attorney send them a letter which at least puts the board on notice that you are not just walking away without a defense. If you do nothing most likely the Bureaucrats will simply deny your claim and your toast. Since you were given a license the State my be liable for allowing you to practice without one ? Make sure the attorney has copies of your E -mails, license and it's date of issuance. *** Good luck and run don't walk time is not on your side !
 
Thanks, I am waiting on return calls from a couple of lawyers right now. I wasn't counting on my E&O for anything, just using it for comparison wondering if the Board has to carry it as well since they made the error, and a substantial one at that. They said there were about a dozen of us in the same boat, but of course offered no names. I wish I could speak with someone going through this too.
 
Look them up on the ASC list at the Appraisal Foundation, or on the state's website of active appraisers.

Give that info to your attorney.
 
I am not sure how I would distinguish them from other certified appraisers...
 
Tell the attorney, they can ask the state to provide a list.
 
Just need to find one first. Not even sure what kind to retain. I have contacted a business law attorney today, who I know is very expensive, but he has not returned my call yet. Glenn Walker suggested a Real Estate or Business Law attorney, but I am wondering if there is one that specializes in licensure litigation? They didn't give me much time, and stated that this was an informal fact finding, not adversarial and would not be post-poned for a later date. They dropped this bomb on me right before Christmas and tell me that the hearing is Jan.13th in a city that is 2.5 hours away from me. So do I hire a lawyer from there?? I can't even imagine the fee if I hire one that has to travel all day.
Needless to say it was an awesome holiday. :-/
 
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