legal dissection

[Fred]

i have a question how is responsible on the appraisal report the trainee appraiser or the supervisor appraiser ?

There is theoretical dissection of responsibility, but then each case would have its own facts.

 

[Mike Kennedy]

Trainee v SuperV - the report is not a legally acceptable Appraisal report (in states where licensing is required) nor binding opinion of value unless, and until, the Supervisory Appraiser signs it and immediately OWNS 100% of the liability.

IMO - the S.A. bears the additional 100% responsibility - Ethically,Professionally, and Morally - for EVERY action taken by an assistant/trainee including USPAP compliance.

 

[Smokey Bear]

Like I said, usually when this question is asked, it's because someone wants to blame the other party for a bad appraisal. If both assume 100% liability for the report (as they are legally liable) then you wouldn't have the problem of looking for someone to blame, unless both are incompetent.

If it went to court, the court might look at apportionment based on how long the trainee had been in training etc. but often the person who pays more is the one with more in their bank account.

In front of your board? I think it depends on the board, but I can't see EVER letting the supervisor off the hook. AND the trainee might not get to claim any of their hours with that supervisor if the supervisor is found to be negligent in supervising.

As far as I'm concerned, the trainee is still responsible for doing the best job they can, within their knowledge and training, and not looking to the supervisor to assume all liability so the trainee can be sloppy.

 

[Ken B]

Anyone signing the report as an appraiser is liable for the content of the report and the appraisal process utlized in its development.

Having said that, if I were in an enforcement position, I would expect a trainee to have different levels of competency, depending upon their education and experience, and would be reasonable in any decision against the trainee. Their demeanor and actions after the deficiency had been identified would be a significant influence in any decision I would make.

On the other hand, the CR/CG is assumed to be completely competent and responsible for any report he/she signs.

 

[CURT VAN HOOSER]

I assume that was a rhetorical question!



.

What was the question....?

 

[Michigan CG]

The supervisor is ultimately responsible but I know of an appraiser who got in some hot water as a trainee. I will PM and see if he would like to shed some light on this.

 

[PropertyEconomics]

Smokey, how does one establish the level of negligence on the part of a trainee under the guidance of his/her supervisor? While there is a certain expectation that a trainee has, at least, general appraisal knowledgeable and would therefore be exposed to some form of liability for negligence, it seems the supervisor would assume the lions share of the liability. Lance Corporal Dawson and Private Downey were booted out of the Marine Corps for conduct unbecomming a U.S. Marine because they did not make an appropriate distinction between a legal order and illegal order while the assumption was that the typical Marine recruit would have been able to do so. At the same time, Lieutenant Kendrick and Colonel Jessup were going to serve time for giving the order.

Its called EDUCATION ... required in order to be a trainee. All who work on an appraisal are responsible and those who sign the report are held accountable for its contents.
I do not want to bash trainees, however, IF you hold yourself to be an APPRAISER then you are responsible for your product and for the analysis that goes into it. If the trainee does not feel they are being trained well or they are not learning then it is incumbant upon them to find a new mentor or to further educate themselves in order to become more proficient in their job.
I hear time and time again, well that is how I was taught. Well I understand that, and now you are certified and you havent taken time to find out for yourself how things are correctly done? :Eyecrazy: Our system has failed many and that is a shame.
It is important for all of us to understand that we are each responsible for our profession. We are each responsible to give all the assistance that we can to those who need it. Some of us had wonderful mentors and some of you had horrible ones. It is how the system works now .. but .. if we wish to change it then we can .. or we can let it go to hell in a hand basket ... which it pretty much has done at this point.

The simple answer to the question of whos responsible ... you both are.

 

[Smokey Bear]

I wonder sometimes what books a trainee has in their library. The "that was what I was taught" should be supplemented with outside knowledge, through courses and book learnin'. I've seen way too many trainees AND appraisers treat CE as something to put off until the last minute, instead of learning as much as possible early on in your career. It's actually there to educate you, not just to let you renew or upgrade your license.

 

[Lawrence R.]

From the horse's mouth.

Well, take it from me. If you signed it, YOU OWN IT. You can claim ignorance and blame your supervisor or vice versa, but it probably won't get you too far.

I was sanctioned publicly as a trainee for a report that my supervisor signed off on. I was placed on a probation as a trainee, and had to find a new supervisor, as they revoked his privilege to have one.

He claimed, of course, that he knew nothing and tried to come up with some nonsense about having given me a copy of a signed cert page to use for all my reports and that I had forged his name....blah blah blah--the facts were the document was transmitted electronically.

I think that the days of the trainee blaming the super and vice versa to obfuscate the facts are over. The bottom line is, the hand of one is the hand of all--at least here in SC.

If you happen to be in this kind of situation, I do have some advice I would be happy to give you exparte.

PM me.

Larry

 

[Bama Bayou]

It makes no difference how many appraisers sign the report. Anyone who signs it takes full responsibility for the entire report. The only exception is when an appraiser dissents about the analysis and/or conclusions, and I have yet to see that in my twenty years.