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Poll: Board using wrong version of USPAP in complaint

If an Appraisal Board uses the wrong version of USPAP in a complaint....

  • The complaint should be dismissed and not allowed to be refiled.

    Votes: 16 25.8%
  • The Board should be allowed to amend the complaint.

    Votes: 23 37.1%
  • The entire board should resign in shame and leave with its tail between its legs

    Votes: 19 30.6%
  • There's more than one version of USPAP?

    Votes: 4 6.5%

  • Total voters
    62
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Smokey Bear

Thread Starter
Elite Member
Joined
Dec 8, 2004
Professional Status
Certified Residential Appraiser
State
California
If an appraiser receives a complaint from their Appraisal Board, and that Board is using the wrong version of USPAP (they used a later version), what do you think should happen?

Personally, I think the complaint should be thrown out. It is totally unacceptable to claim that an appraiser violated USPAP when the Board doesn't even know which USPAP applies.
 

icisic7

Senior Member
Joined
Jul 10, 2005
Professional Status
Licensed Appraiser
State
California
It boggles my mind that that could even happen. They didn't refer to the version of USPAP that was in place at the time of the appraisal? :Eyecrazy:
 

George Hatch

Elite Member
Gold Supporting Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
California
What, did they get the year wrong in the complaint? Around here, we call that a typo.

Was it a section that changed? And before you answer that you might want to keep in mind that the requirements for an appraiser to identify their intended use, intended users and to build a reasonable SOW were present in USPAP prior to the SOWR replacing the Departure Rule.

I can imagine an appraiser violating one of the sections of SR1 from an earlier version of USPAP and instead of citing the then-current section a state board using the wrong citation and lumping it all in under a not-yet-applicable SOWR. Either way, the SR1 violation is probably still there unless (possibly) the difference we're talking about relates to a Departure from Specific Requirements.


In a murder case it might be appropriate to throw the prosecution's case out on the technicality, but for an administrative case the complaint can be readily amended to reflect the correct citation that was applicable to the alleged deficiency.
 

Midwest Guy

Senior Member
Joined
Dec 12, 2006
Professional Status
Certified Residential Appraiser
State
Missouri
I think we would discipline a Prosecuting Attourney for similar stupidity, why not regulators?
 

Smokey Bear

Thread Starter
Elite Member
Joined
Dec 8, 2004
Professional Status
Certified Residential Appraiser
State
California
The Board didn't identify the appraisal under review in the complaint, nor did it identify the appraisal date or the applicable USPAP. There were more than 20 violations claimed, and when they cited USPAP, their citation did not match the appropriate USPAP in most of the violations claimed.
 

Mr Rex

Elite Member
Joined
Jan 12, 2004
Professional Status
Certified Residential Appraiser
State
North Carolina
A case made for including the edition of USPAP you are operating under in your SOW, whether with a current effective date or in a retrospective review.

If the state screwed the pooch, then unless the state's laws allowed for pooch screwing, it should be summarily dismissed and the entire board should be required to endure USPAP updates equivalent to the total number of hours between the USPAP used and that which was actually applicable.
 

PropertyEconomics

Elite Member
Joined
Jun 19, 2007
Professional Status
Certified General Appraiser
State
New Mexico
Remember the reviewer must use the current USPAP in effect as of the date of review .. and review the report based on the USPAP in effect as of the date of the report. Could be that two USPAP versions apply in the same problem .. one for the appraiser and another for the reviewer.
I see many making this mistake.
 

Marcia Langley

Senior Member
Joined
Aug 26, 2005
Professional Status
Certified Residential Appraiser
State
Missouri
The thing is, I imagine that the board itself is the one who gets to decide if they should be allowed to amend the complaint.:shrug:

I tend to lean on letting them amend the complaint. The real crime would be if they refused to correct their own errors.
 

Caligirl

Senior Member
Joined
Jan 27, 2006
Professional Status
Certified General Appraiser
State
California
That is just ridiculous. How can this board enforce USPAP when they themselves aren't even using the right edition. :Eyecrazy:
 

3 Putt

Member
Joined
Aug 18, 2005
Professional Status
Certified General Appraiser
State
Ohio
Yes, it does happen. I personally know of an instance in my state where this has taken place. The bad news is it still cost a small fortune to defend yourself!
 
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