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Proposal To Expand USPAP To Include A New Service Type: Valuation Of Information

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Read further in USPAP. :). STANDARDS 9 and 10 are often referred to as the business valuation standards, but they are actually the standards for appraisal of any type of intangible asset. What more is it that you are seeking?
I agree Danny. Several yafs ago I was asked to value a real estate office, it's assets which included current listings, pending contracts, as well as business owned furniture & other equi[ment. As a former District Director for a Real Esaate Franchise, and management consultant fpr that franchise, I felt well qualified. It was refreshing when it sold for about what I had appraised it for but in stages.
 
I agree Danny. Several yafs ago I was asked to value a real estate office, it's assets which included current listings, pending contracts, as well as business owned furniture & other equi[ment. As a former District Director for a Real Esaate Franchise, and management consultant fpr that franchise, I felt well qualified. It was refreshing when it sold for about what I had appraised it for but in stages.

Yes, I deal with MLS information - and that is definitely an asset - in this case we are dealing with the valuation of information, which as part of the valuation of the business itself, is tied to financial accounting as a (business) intangible asset. This has always been covered by USPAP (although you need to get into the practice of business valuation to determine the accepted methods). However verification and valuation of information that is not directly tied to business valuation is not covered by USPAP, at least with respect to enforcing honesty, ethics and so on. By expanding USPAP a bit, you now have more work for appraisers- and are fulfilling an economic and/or social need.

So for example, can you trust the news? If FoxNews or CNN were able to state that certain statements had been certified by some appraiser to be "not likely true", "possible true", "likely true" or say 70% probably true, then the public should be able to have some trust that the news they are given (and which the most likely are not in a position to verify) has or doesn't have a certain degree of truth. Our democracy simply cannot function very efficiently on false news. ...

Likewise, if a company has to make a decision about how much money to invest in adding more security to it's information databases (possibly MLS data), then it would help if it could have an appraiser assess the value of damages should it be compromised. We now have cases of certain companies swiping data from MLS databases and essentially reselling it on the market. If they are to be taken to court, then what evidence of economic damage can be supported? Now you would think that this latter case could be handled by USPAP as business valuation - but what if the loss of information affected not only the business, but the identity and financial security of the public? Certainly public damage affects the reputation of the company responsible for its security and that could be reflect in a lower valuation of the companies future income stream, but one has to consider whether that properly reflects the impact on the public of having to deal with the multitude of problems that can come from loss of identity related information. So, an attorney takes on a class action lawsuit and needs to present a damage estimate on behalf of his public clients. He needs an appraisal. --- Oh --- you see --- USPAP/Business Valuation doesn't quite make the grade - because it is too focused on issues related solely to business valuation.

Another related issue is licensing. Licensing is not required for valuation of businesses or personal assets - probably because if a client wants a license, he just gets a CPA with a designation in business valuation.

I think licensing is absolutely needed for news verification and valuation (as degree of truthfulness). However, as soon as you support licensing, then you have to support enforcement. That would be an added burden to state enforcement. This is a case where USPAP would have to bend a bit. - Yet, the issue is not just for news, but anything clients would want to certify as fact. I can imagine many cases. For example, sales brochures, where tech companies might want to certify certain statements supporting the value of their product or predictions. They might get an accounting firm to certify a report - but I wonder what that is really mean, if anything at all. GAAP has to struggle with financials, dealing with complex new transaction structures, revenue streams and such. I don't believe that CPA's and GAAP have much to do with anything except financial accounting. Correct me if I am wrong.

Generally speaking, valuation of information as an intangible asset, is probably not much different with respect to enforcement than business valuation. I suspect the reason that licensing is not required for business or personal valuation, it that enforcement would be too difficult to make it economically worthwhile - or was so at one time in the past. But there are too many designations; and, people question whether they mean that much, as a CPA license is really required. So, if you want someone to sign their life to a business valuation, you get a CPA with a designation in Business Valuation. Enforcement is handled then by the state CPA organization (whatever that is). Standards 9 and 10 overlap with CPA licensing and GAAP.

Perhaps licensing should be reconsidered for business (and possibly personal valuation) for at least two reasons (1) The methods for business and personal valuation have been worked out pretty well over the past couple of decades and (2) The multitude of designations for business valuation have questionable meaningfulness (what are they really worth without a CPA license??). But, it seems it would likely be a duplication of effort, i.e. for the CPA the end result is the financial statement, for business valuation, financial statements are not an end in themselves, rather only a means to getting an opinion of value for some particular business.

In the end, then, I would suggest avoiding the messy problems associated with Business Valuation (also involving GAAP and CPA licensing), and consider separate licensing for Information Valuation - for all information valuation issues that lie outside of business valuation.
 
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Perhaps licensing should be reconsidered for business
You can license regardless, but USPAP wasn't really designed for non-real estate. But the real issue is not USPAP. It is the law setting up state boards was basically focused solely on real estate. Thus, you get no credit towards licensing doing non-real estate valuations. So you are stuck being unable to license until you work a couple years in RE.
 
You can license regardless, but USPAP wasn't really designed for non-real estate. But the real issue is not USPAP. It is the law setting up state boards was basically focused solely on real estate. Thus, you get no credit towards licensing doing non-real estate valuations. So you are stuck being unable to license until you work a couple years in RE.

Yes, that is a problem. However, it would be nonetheless a lot cheaper and easier to certify facts (of anything really) in this way rather than create a new organization, regulations and enforcement hierarchy. I also believe the decentralized (largely) enforcement would be comforting to news journalists.

I think a bigger problem is that news organizations want to use leaks from government officials who are legally bound to secrecy. A government licensed appraiser may not be able to guarantee confidentiality of the source if it is illegal. The question is whether the journalist organizations involved can protect appraisers from being forced to hand over their work file to government authorities, if asked. That's kind of paradoxical, the value of certifying information is that if the appraiser doesn't follow accepted standards, then his license can be revoked. In order for state enforcement agencies to be able to determine whether the appraiser followed protocol, they would need to obtain his work file.

So, appraisers would possibly be constrained to certifying only information obtained from sources that don't have to be worried about legal repercussions from the government. [ Security clearances definitely have to be taken seriously. ]


Now that still leaves a wide area open. Any source that is not bound by government security clearances is likely subject to certification. That would include corporate information, criminal information and other such types. Such individuals do not want their names disclosed for financial reasons or fear of criminal revenge. Talking to an appraiser bound to confidentiality in such cases would likely be acceptable, as the government could not come in and force the appraiser to disclose the source.

But honestly, I don't think that information that is illegally leaked from government sources is worth certifying anyway - it was most likely leaked for political reasons.

Someone needs to run this buy a number of news organizations like Reuters and FoxNews, to see if they would value this kind of appraisal. If you can't get such organizations on board to pay for information certification, then it may not make sense to proceed. I think it might be quite acceptable to them to leave government leaks off the list of certification. They can report whatever they want - but claiming that related statements are certified is probably a different matter.

As far as the job of appraising news information - it would be very interesting, likely a full time job, pay pretty well. But, likely very tense setting between the enforcement boards, new organizations and the public.
 
The front end of USPAP - including the COMPETENCY RULE - applies to appraisal practice. The SRs are primarily an expansion of that front end and provide benchmarks for those particular types of assignments. Just because USPAP may not explicitly address the specifics for every imaginable asset type doesn't leave an appraiser in an indefensible position in these other types of assignments. To the extent the appraisal process for different asset types basically work the same, so too would a defensible position use similar benchmarks even if USPAP didn't specifically address that asset type.

You'd still want to identify your use/user, the type of value you're using, what the asset attributes are, under what basis it would be most marketable and who the buyers would be. Then you'd identify the methodology that these market participants are using and develop those, reconcile for value and write the report. You'd include your disclosures and whatever content you think it takes for your users to understand what you did and didn't do and how you got to your value conclusion, and you'd probably add in an Appraiser's Cert. So even if there wasn't an SR for that asset type, that wouldn't stop you from rendering a service that highly resembles all the workproduct we offer for all the other asset types we do.

In theory, if the SRs didn't exist for any of the appraisal disciplines appraisers would still be able to use the fundamentals of the front end of USPAP to build the defensible workproduct, Those solutions just wouldn't take the similar form from one appraiser to the next that results from them operating off a specific laundry list from an SR. Moreover, someone coming along after the fact to criticize that solution would be in the position of having to develop their reasons for disagreement. "I don't like it" wouldn't be enough.
 
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So, perhaps an appraiser could hire himself out as a "Licensed Fact Checker", or "Licensed Appraiser of Assertions". One could start by going through FactCheck.org and trying to verify the facts they think they have verified as being true or not. I'm just not certain how the State Board would react to complaints coming in from whoever.

Now you think there is not money in this? I wouldn't count it out around election time. - There's a lot of money in politics.
 
The public has no way to determine the truth on most matters of political concern. They are very much dependent on journalists for getting the facts. But since about June of 2016, things in that respect, especially with certain news organizations such as CNN, have gone very far south. I first discovered that when I looked at allegations that Trump said Mexicans were rapists. What happened was that he had said that Mexicans were sending "their" rapists across the boarder. That was interpreted out of context to be "They're rapists" by CNN and others. If you look at many of the arguments in FactCheck.org, in detail, you will find that they are interjecting false or at least unproven assumptions into their lines of reasoning to reach mostly liberal or anti-Trump conclusions. Now, they don't have to tell the truth, they don't have any regulations to follow, no license to loose. An appraiser would be different. So, while laws protect journalists to more or less say what they want, there is nothing to prevent people from hiring appraisers to investigate and analyze assertions, beholden to regulations for quality of work and ethics. That effectively puts a damper on propaganda, while not directly infringing on freedom of speech. This can, over the long haul, play to the advantage or disadvantage of either party. Signed appraisals verifying the truth or falsehood of core assertions made in political campaigns could be worth a lot.

However, you would probably need to set up a well insured/well-funded business, with a polished and indisputable reputation for ethics to be successful at this. I don't believe a small appraisal business could withstand the pressure of frivolous lawsuits from large corporations.
 
So, perhaps an appraiser could hire himself out as a "Licensed Fact Checker", or "Licensed Appraiser of Assertions". One could start by going through FactCheck.org and trying to verify the facts they think they have verified as being true or not. I'm just not certain how the State Board would react to complaints coming in from whoever.

Now you think there is not money in this? I wouldn't count it out around election time. - There's a lot of money in politics.

Reading all this https://www.snopes.com/ come to mind

We have a recent thread about Toys 'R Us Closings and this came up

https://www.snopes.com/fact-check/toys-r-us-closing-locations-not-accepting-gift-cards/
 
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