Jeremy,
I can believe that you're sincere about preferring to lose a single fee for a single assignment rather than lose a client. I can appreciate the idea of culturing long term relationships as a successful business strategy. I feel that way too. However, there's a big difference between simply taking the longer view and offering yourself up as a sacrifice on the altar of "the Customer is King".
There are some really practical reasons why I think you should reconsider, and there are some practical solutions that you can use to address the legitimate needs of the client while maintaining your own professional position.
Reasons not to do it. The USPAP prohibition is really all the reason you need. Then there are the rules and regulations that givern your license, which incidentally include complete compliance with the USPAP. But there are other ones too. For one thing, it establishes a very uneven appraiser/client relationship, wherein the client is in complete control and the appraiser is constantly reacting to the clients' demands. This is how appraisers end up feeling like a dog on a short leash, contantly getting yanked around and being subjected to demands to perform "stupid appraiser tricks". The first time that "Skippy, the Amazing Appraiser Dog" balks at one of these stupid demands, they get kicked out anyway. It's like living your entire life with a sword hanging over your head, fearful to offend your master. It's no way to live and it's no way to conduct business as a professional.
Next up is the fact that the appraiser is not only beholden to the person who engages them. The Client in a mortgage loan situation is placing the appraisal with a lender who is using the appraisal for the purpose of justifying the extension of other people's money as credit to purchase the property. That lender, whom the appraiser never even speaks to, along with the federal regulatory agencies that regulate and underwrite the entire process, are the entities to whom the appraiser owes the greatest allegience because the mortgage broker is really nobody other than a middleman. They don't have to live with any negative consequences of a deal gone bad. The appraiser has at least some responsibility to everyone in that chain. Once an appraiser crosses that line in a client relationship, it's very difficult to ever recover it. The client knows the appraiser isn't supposed to do it and is being deceitful in denying in their reports they are doing it. This does not contribute to a relationship where the client can trust the appraiser, or their work, or really, trust any other appraiser. This is one reason a lot of people think that appraisers will roll over for them, because one or two individuals do it we all end up looking bad.
Another reason to avoid it. The appraiser may
intend to provide nothing but "A" class work. Completely on the up. However, if they said they didn't do it on a contingency when they really did, they already have compromised their integrity in this situation. In other words, if they lied about the fee, how can anyone trust any other aspect of the work as being truthful? There's what you intend and then there's how it looks after the fact. It isn't enough to avoid doing unethical things, appraisers need to avoid even the
appearance of impropriety. Think about how a third party, especially a state board, would look at it. The burden of proving impartiality and professionalism is already on our heads and it's tough enough as it is. Adding this element of contingency into it only multiplies this burden.
Another reason to avoid it. Your reputation. It's a small world out there and once your integrity is questioned its very difficult to recover. If you think about it, the only
legitimate personal attribute appraisers have to sell is their reputation for impartiality and proficiency. When it comes to dealing with mortgage brokers, the Total Economic Lifespan of the average appraiser/client relationship is measured in months, not years. I reckon the average is about 9 months or whenever the outstanding balance for fees due on deals that won't fund exceeds $2,000, whichever comes first. Make no mistake about it, mortgage brokers consider appraiser/client relationships to be an expendable and easily replacable commodity. I assume that you aspire to continue working as a appraiser long after your mortgage brokers have left town. It might seem self-serving, but the only way you do that is to give your long-term interests equal or even greater priority than merely responding to the short-term interests of these mortgage brokers.
There are several other reasons not to even consider this, but I think you get the idea.
[/QUOTE]From what I have read and studied I don't see the problem any appraisal board would have with this. I might be missing something though.
If in doubt, call them up and ask them. Just don't hold the phone too close to your ear after you ask the question. The volume might be deafening.