Reporting USPAP violation

[PerseverancePLUS]

I am doing a review, and will need to provide a value on an earth contact home as the originating appraiser is going to be between $75,000 - $100,000 too high. The person has used one earth contact that is 50 miles away, superior location and superior physical characteristics, and 2 ranch style homes that are superior quality, condition and age. The appraiser has given a complete boiler plate with no analysis. The boiler plate is for a ranch style home with a basement. I have found earth contact homes in the neighborhood in the last 12 months, as well as earth contact from 2 years ago.
Is there such a thing as not knowing that they are not competent? I have done many earth contacts. This is not a high quality earth contact. I looked it up on Zillow and found that the Appraiser is within a few thousand of what Zillow says. OMG! The Appraiser is also a real estate agent, and word has gotten around that she doesn't have a clue. How does this happen?
Who is responsible for reporting USPAP violation to the Commission - Competency? The lender, the AMC, or me as well. I know it sounds like a cop out, but do I end up having to go in front of the Commission Board? What is the process? I've never seen a report that every question on the Field Review gets a NO answer.
Words of wisdom please...

 

[Elliott]

PPL,
When you accepted a review assignment you agreed to meet USPAP and it sounds like your on your way to meeting Standards 3 and 4. The Ethics Rule says, "An appraiser must promote and preserve the public trust inherent in appraisal practice by observing the highest standards of professional ethics."

Is that the answer you were looking for?

 

[Mike Kennedy]

OP was it a Sale Appraisal?

 

[PerseverancePLUS]

It's a refinance Mike. Agents don't typically say that properties are earth contact, so I always rifle through all the sales. She probably set criteria and couldn't find any, and it looks like she doesn't know a lot about earth contact homes and got set on a value that took her in the wrong direction. She says its a Q3 and I can't find one thing in the photos or description that would lead me to believe that it is anything but builder grade. It's a really shoddy job - her subject is even outside her neighborhood defined. And she keeps making statements that her proof is in her workfile. I'd give her some credit if she took me down a path that I could follow some rationale, but there just isn't any.

 

[Renee Healion]

From Zillow to concluding violation...
Review the appraisal, support your own conclusions. Don't get new shoes for your debut before a commission just yet.

 

[PerseverancePLUS]

From Zillow to concluding violation...
Review the appraisal, support your own conclusions. Don't get new shoes for your debut before a commission just yet.

I do not want new shoes, or debut. I have no problem supporting my conclusions. I want to make sure I do the right thing. Do I indicate the USPAP violations under the specific standards, or let the chips fall where they may?

 

[Renee Healion]

You sound personally outraged in your OP. That is not good to carry into your report.

You did not describe your assignment in the OP. But generally speaking, you could cite inconsistencies with standards and accepted methodology. The authority to determine violations belongs to the party charged with enforcement.

Think of your work as providing information to those who will use the information. Something akin to supplying testimony, not being the judge, jury, commissioner. Bear in mind that your testimony comes wrapped in an opinion. No offense, but read the standards that apply to review again and then go back to the assignment.

by testimony I mean written information your personal appearance is not likely to be required but if you screw up on your own review, it could be, so be careful

 

[PerseverancePLUS]

Thank you Renee. I actually revisited a file I printed from the Review class a number of years ago. I will keep the outrage out of the Review. I am not the judge or the jury. Your comments are very much appreciated.

 

[Andrei Fin]

I'd go back and look at your work in the early days of your career and see if you can find some USPAP violations. Then ask yourself, in most cases is the situation best remedied without involving the disciplinary arm of the state? Personally I would only turn in someone to the state for blatant fraud.

 

[Renee Healion]

You're welcome. I get that it is frustrating or even infuriating at times. But you have just tell your dog about it not the report reader.
(poor Fido)