Letter regarding vandalism?

[Mike Garrett RAA]

Wow, Mike,

You mean Colorado has never enacted USPAP into state law? I thought almost every state had done that.

Colorado has statues regarding real estate and real estate appraisal. The Uniform Standards have been adopted into law by the state; however, USPAP, in and of it's self is not law. I know, semantics!

 

[c w d]

I wasn't implying that USPAP was law. However, we are bound to it's standards by law.

 

[Mike Garrett RAA]

Now you have it!

Best wishes,

Mike
An AQB Certified USPAP Instructor

 

[Marcia Langley]

Colorado has statues regarding real estate and real estate appraisal. The Uniform Standards have been adopted into law by the state; however, USPAP, in and of it's self is not law. I know, semantics!

So, how does Colorado differentiate between "adopted into Law" and "law"?

Do they handle violations of each differently? Or do violations of each result in the same processes and penalties?

I mean, when a person is prosecuted for violations does the difference in semantics make any difference?

 

[Don Clark]

So, how does Colorado differentiate between "adopted into Law" and "law"?

Do they handle violations of each differently? Or do violations of each result in the same processes and penalties?

I mean, when a person is prosecuted for violations does the difference in semantics make any difference?

Marcia,

Mike is quite capable of answering for himself. But, I would assume that all states have laws, Regulations, as well as a recognition of USPAP as a "Minimum Standard" for appraisal practice. Also, some states, as well a federal agencies have Jurisdictional Exception authority. for example, the department of Veterans affairs can invoke JE. I know, i questioned that one time and received a precise reply from the Appraisal Foundation that stated that indeed they do(VA) have the right to invoke JE as does any state and federal policy making authority. There is quite a difference, call it semantics if you will, on how state regulations, law, and the application of USPAP will vary from state to state. For example, in Virginia we have both unlicensed as well as licensed trainees. With the 2008 criteria there is a statement to the effect that only a Certified Appraiser can have treinees, and no more than 3. But, that is questionable. In my state, since we have unlicensed trainees, are they included in the 3? I assisted an appraiser in Virginia, along with his Attorney, in winning a case for an appraiser who was accused of a USPAP violation and a violation of state regulations on whether or not, and how a trainee could sign an appraisal report. It lead to the clarification I have attached as a PDF.

I have looked at several other state web sites as I have assisted other appraisers in other states. In one state, there is a statement that the 2006 USPAP is the effective version of USPAP. They simply have not caught up yet.

 

[Mike Garrett RAA]

The way it is stated in both the 7 and 15 hour USPAP classes....

"USPAP obtains it's authority by adoption". In and of it's self, USPAP is not a law.

Violate USPAP and you might run afoul of your state regulations, statutes, or laws. There are not USPAP police out there...yet! LOL.

 

[Bama Bayou]

Thanks to all those that responded with advice. This was my reply to the agent.

It would be in conflict with USPAP (the appraiser's bible) and would also be a breach in client/lender confidentiality, to supply a letter as requested regarding value issues with the property in question. Sorry, and I hope you are able to find a solution. Like our mayor has suggested in the past, the thumbs should be cut-off of those who commit such acts of vandalism (grafitti).

Sounds like your mayor should be a politician in Iraq or Saudi Arabia.

 

[Carnivore]

Yes, you COULD accept a new assignment to again appraise this property.

Before you do accept, consider what possibilities may come as a result of you doing so.

sage advice! I can hear it now when they dont follow it...

 

[Betty H Church]

Advice has been followed. And our mayor is doing just fine as a politician in Nevada and the USA. There should be more like him and more of those tent prisons like they have in New Mexico. Does my heart good to see those felons in their pink undies and sweating their butts off in the 100+ degree weather.:new_2gunsfiring_v1:

 

[Marcia Langley]

If the good people of your city are happy to elect and re-elect a man who advocates severing body parts as a fit punishment for nonviolent crimes, more power to them. They get what they want.

On the other hand, espousing same in a business letter seems it might put one in danger of alienating potential customers.