More On Free Comp Checks

[Hamlet]

Hamlet - Please show me where I said it was a law that an appraisal has to be written. Thanks.

You are welcome!

Here are a two quotes from you:

Post 569:

the USPAP definition is that an appraisal needs to be "expressed" in some form of writing as a value or range of value based on filtering. I don't believe a spoken value range always consititutes an appraisal as, who's going to prove it?

Post 585:

See, it's not an appraisal because a value or range hasn't been expressed. A benchmark of $250k yes, but there was no numerical expression by me of a value that could be proved in court. In otherwords, I didn't send an e-mail with a value and I didn't write him a note with the value or range. It wasn't "numerically expressed" to the point where it could be proven that a specific value or range of value was conveyed. It's another case of he said vs he said.

 

[Mister Ed]

Hamlet, your quote of the post from 569 raises the question that if USPAP says it has to be a written expression, then why does USPAP have a portion concerning oral reports?

 

[fifteen]

I wish you guys had a point to make that I don't already know, it might make this thread more interesting. Come on guys, try. We're trying to hit 1,000 posts for this thread. Misquoting me and my posts doesn't make for good reading and answering them is futile since you guys "appear" to have a point to make despite my known stance on things. So come on, what's the point? Teach me oh mighty teachers, teach me what I don't know and not what you've misinterpreted as misconception on my part.

 

[PropertyEconomics]

Read back a couple of pages from here Mr Ed .... Apprazur has now offered that the spoken word can be an appraisal ... its just that it cant be proven without a witness to the event ... it just gets stranger and stranger.

This morning when I was drinking my frist cup of coffee it occurred to me how truly uncomfortable it must be to be in Apprazurs shoes. I honestly believe he sees that what he has done is an appraisal, I think he sees that he is not covered in what he has been doing and is not in compliance with USPAP, and is searching for every possible thing he can find to defend his actions. Mr Hatch's posts to him have been very pointed and well presented ... I believe Apprazur was looking himself in the mirror this morning and the feeling was uncomfortable for him ... its not that we all havent been there ... its just when it happens to many of us we realize that our business practices much change and then we implement those changes. I hope Apprazur does as well.

 

[Mister Ed]

You are welcome!

Here are a two quotes from you:

Post 569:

the USPAP definition is that an appraisal needs to be "expressed" in some form of writing as a value or range of value based on filtering. I don't believe a spoken value range always constitutes an appraisal as, who's going to prove it?

Post 585:

See, it's not an appraisal because a value or range hasn't been expressed. A benchmark of $250k yes, but there was no numerical expression by me of a value that could be proved in court. In otherwords, I didn't send an e-mail with a value and I didn't write him a note with the value or range. It wasn't "numerically expressed" to the point where it could be proven that a specific value or range of value was conveyed. It's another case of he said vs he said.

Ever see the movie The Legend of Bagger Vance?

Toward the end... on the final hole when Junuh's ball moved while he was moving a twig from next to it where he was planning to strike the ball...

Junuh: The ball moved

Hardy: No

Junuh: I have to call a stroke on myself

Hardy: No! No! Don't do it! Please don't do it! Only you and me seen it, and I won't tell a soul. Cross my heart. Ain't nobody gonna know.

Junuh: I will Hardy, and so will you.

Hardy: You got to tell him not to do it, Bagger! It's just a stupid rule that don't mean nothing.

Bagger: That's a choice for Mr. Junuh, Hardy.

The moral is quite simple: Whether it can be proven in a court of law or not, if something happened, it happened--no matter how we try to parse it or explain it away. Someone will ALWAYS know. Ethics is not about getting away with something because nobody can prove it in a court of law. It is about having the integrity to do what is right even when nobody else is looking...

 

[Hamlet]

I never did speak a numerical value - I said it's doable and that person is allowed to interpret that any way they want.


AS far as the OP and this thread, yes you can do comp checks as much as you can tolerate. I wouldn't however allow a conversation to be recorded or give the client anything written or printed that suggests a value or value range. Nevermind these self-righteous windbags. They're not worth losing full fee clients over.

This shows your true concern and you don't fool anyone here. It isn't about customer service or protecting borrowers from paying unnecessary appraisal fees.

An appraisal is an opinion of value that should be performed by an educated, experienced, ethical appraiser. It isn't something that is left up to interpretation by the client. It isn't something that can be disavowed by the appraiser when it suits their purpose.

You post in this forum your outrage at AMCs and the pressure and the HVCC and blah, blah, blah. All you really care about is getting the deal anyway you can and it is obvious. Your angst is that your MB clients have dried up.

 

[Ken B]

Well, that was obvious from the start with the whole thing about buying ads in newspapers.

 

[Hamlet]

Hamlet, your quote of the post from 569 raises the question that if USPAP says it has to be a written expression, then why does USPAP have a portion concerning oral reports?

Mr. Ed,

That is Appraizur's quote of USPAP. He asked me to show him where he said that appraisals must be in writing or they don't count.

 

[Mister Ed]

Hamlet,

Yes... I recognize the source... and you are right... I guess I was not clear, but my point is Apprazur's argument is flawed at every angle I have seen so far... waiting for the next argument to come.

I guess I am looking for apprazur's response to my question...

I am wasting too much time on this and need to get my reports completed...

-talking horse-

 

[Hamlet]

The moral is quite simple: Whether it can be proven in a court of law or not, if something happened, it happened--no matter how we try to parse it or explain it away. Someone will ALWAYS know. Ethics is not about getting away with something because nobody can prove it in a court of law. It is about having the integrity to do what is right even when nobody else is looking...