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PLEASE HELP Client Confidentiality Question

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CaliforniaSD

Sophomore Member
Joined
Mar 11, 2022
Professional Status
Certified Residential Appraiser
State
California
I have a quick question, hopefully someone can put me at ease. I was asked by the listing agent who my client is, so I told them the name of the AMC and the lender, in retrospect I probably shouldn't have done that. Is this a violation of the USPAP Confidentiality section of the Ethics Rule? The letter of engagement does not state that the lender requests to remain anonymous. Please let me know if you think I should turn down the assignment now before I appraise the property.

"Comment: Because the client is an intended user, they must be identified in the report as such.
However, if the client has requested anonymity the appraiser must use care when identifying the client
to avoid violations of the Confidentiality section of the ETHICS RULE" (USPAP 1769-1771).

Thank you!!!
 
I have a quick question, hopefully someone can put me at ease. I was asked by the listing agent who my client is, so I told them the name of the AMC and the lender, in retrospect I probably shouldn't have done that. Is this a violation of the USPAP Confidentiality section of the Ethics Rule? The letter of engagement does not state that the lender requests to remain anonymous. Please let me know if you think I should turn down the assignment now before I appraise the property.

"Comment: Because the client is an intended user, they must be identified in the report as such.
However, if the client has requested anonymity the appraiser must use care when identifying the client
to avoid violations of the Confidentiality section of the ETHICS RULE" (USPAP 1769-1771).

Thank you!!!
You can safely complete that assignment. The fact that the letter of engagement does not specifically denote any confidential information which is not to be revealed releases you from that USPAP requirement. Additionally,
if I were a listing agent, I wouldn't let you on the property unless I knew who you represented. They are well within their rights to demand that information before granting you access to the property and appraisers give them that information during the normal course of business on many assignments. Very conscientious of you to worry about things like that though!
 
You can safely complete that assignment. The fact that the letter of engagement does not specifically denote any confidential information which is not to be revealed releases you from that USPAP requirement. Additionally,
if I were a listing agent, I wouldn't let you on the property unless I knew who you represented. They are well within their rights to demand that information before granting you access to the property and appraisers give them that information during the normal course of business on many assignments. Very conscientious of you to worry about things like that though!
Great, thank you Mike!!! One of my instructors at McKissock just told me the same thing too. I just wanted to be sure. Thanks everyone!
 
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