Is this Legal & Ethical?

[Silverfrizz]

Now that ALs cannot train anyone, can an experienced trainee do an inspection for an AL legally and ethically?

Scenario:

Last night, an AL that I contacted several months ago phoned. He is out of town, and asked me to do an inspection for him for $125. Now, I am fully aware that he cannot train me. I have done many inspections already, so my competency on an average home should not come into question.

The questions for you:

1. Is this allowed legally, and is it ethical?
2. If the answer to #1 is yes, he MUST put my name on the report as having contributed, correct?
3. I don't know this person, at all - if he does anything wrong, am I liable for his actions on this report, even though my signature will not be on there?

I haven't accepted this assignment for several reasons. Firstly, because I needed to ask experienced appraisers the legality of it all. Secondly, it is Memorial Day weekend.

This AL may be moving to Southern California, if he does, he would like me to do his inspections at $125+ each. I don't feel that this would be fair to the appraisers who are here, though. Shouldn't they get the work if another appraiser moves out of the area?

Thank you, in advance, for your responses. Be easy on me, I'm taking a brave step here posting a thread. I'm usually just a lurker.

 

[Michigan CG]

Since you cannot train under him he can't sign in the supervisor area, he must sign the report himself, which means he will check the box that says he inspected the property, which means he is violating a plethora of rules and laws in this whole process, which means he is a POS appraiser.

He is trying to drag you into this and you should run....but first, how did he ask you? Do you have it in e-mail. If you don't write him an e-mail, have him respond with what you are supposed to do etc. Get the documentation and send it into the state.

 

[The Warrior Monk]

ASB rules regarding Licensed appraisers and trainees are optional; i.e., do not have to be adopted by states. Some states allow trainees to supervise, such as my state of NY (which I have taken issue with).

 

[Silverfrizz]

No E-mail address yet

Thank you, Mr. Evans, for your response.

I could ask for his e-mail address, but after what you have told me - wouldn't it be better not to associate myself with him whatsoever?

Being a trainee who wants to become licensed, I don't want my name involved even remotely with any wrongdoers.

 

[JonGalt]

Since you cannot train under him he can't sign in the supervisor area, he must sign the report himself, which means he will check the box that says he inspected the property, which means he is violating a plethora of rules and laws in this whole process, which means he is a POS appraiser.

He is trying to drag you into this and you should run....but first, how did he ask you? Do you have it in e-mail. If you don't write him an e-mail, have him respond with what you are supposed to do etc. Get the documentation and send it into the state.

<sarcasm>
Now that's a little harsh, isn't it? i mean he's just trying to feed his family, everyone does it, how can he compete with todays fees if he had to actually inspect every property he signs off on? Where's your compassion? It's the way things are done! </sarcasm off>

Okay, I have issues with people who sign "did inspect", I admit it.

 

[Michigan CG]

This AL may be moving to Southern California, if he does, he would like me to do his inspections at $125+ each.

Someone in California please hook this person up with a state board member so they can discuss this.

If it were me, I would accept his offer and get about 10 reports done. But I would accept it after I talked to the state and arranged for the reports to all be then reviewed by the state. Basically I would be turning him in before the reports were ordered. Give the state the addresses and they request the reports. You know he is going to say he inspected them.

 

[Financially Feasible]

Some states allow trainees to supervise, such as my state of NY (which I have taken issue with).

That takes the cake as the most assenine, ridiculous, unreasonable, unimaginable, unbelievable thing that I have

EVER

heard. What smart person thought that up... and what group of smart people have yet to remove that from applicable law? Any client who allows a trainee to supervise another trainee should go into IMMEDIATE bankrupcy. This strikes against the heart of all of my appraisal sensibilities.

Is anyone else as bothered by this as I am... or am I just overreacting?

 

[Hamlet]

Silver,

Thank you for coming here to ask the right thing to do. You are on the right track.

 

[Flygirl 152]

I agree with Donna, you did the right thing asking your question here. I know it can be intimidating when you first start posting, but there are lots of great and caring folks here that will give you advise and steer you in the right direction.

Have a good long weekend.

 

[Silverfrizz]

He realized it himself!

Thank you, everyone, for the great posts. I feel that this is a good place to learn.

Good news - the AL left me a phone message while I was outside. He said "I'm not allowed to sign on the right because I'm an AL and you're just a trainee. I'm going to have to inspect this myself when I get back, or, I'll have to give the work to a licensed appraiser if they need the report sooner."

Now that I realize that he was up & up the whole time - I feel that your time was wasted. My apologies. It is good to know that he wasn't trying to pull the wool over my eyes. He should have looked into it before requesting help though, in my opinion.

But, after all, I'm "just" a trainee!

Thanks everyone