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Restricted Use?

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Nice to see "the expert" chiming in. Thanks Danny. The former Chair of the ASB should be considered "the authority".

I have always believed a Restricted Use Appraisal Report can be used in this situation; however, the appraiser should caution the Intended User of the limitations of this type of report PLACED ON THE APPRAISER. Such communication leads to the Scope of Work to be performed. The Scope of Work should then lead to agreement on the fee the appraiser will charge.

There has been considerable discussion on this forum about the proper reporting format for divorce cases. Some have said a Self Contained Appraisal Report is the only way to go. Others, including myself contend a form appraisal report works nicely and is acceptable to most jurisdictions. If you do choose to use a form be sure it doesn't limit the use to mortgage lending purposes. AI general purpose forms work well as does an older version of the 1004.

An engagement letter should be mandatory for this type of assignment. The appraiser should make it clear that the fee is for the appraisal. Any additional service such as preparation for court appearance, court appearance, and testimony requires an additional fee.

My brother really enjoys doing appraisals for lawyers as he gets compensated well for his services. I, on the other hand, prefer to do appraisals for mortgage lending purposes and like to limit my clients to the VA and an occasional ERC assignment.
 
Why not???? :shrug:


OP ""for estate or divorce purposes"


unless under legal Court's Subpoena (or a Judge invoking a Jurisdictional Exception) - not included in the OP.

"2-2(c)(i) (i) state the identity of the client, by name or type;33 and state a prominent use restriction
808 that limits use of the report to the client"

comment line 816 "The Restricted Use Appraisal Report is for client use only."
 
As noted in the FAQ cited earlier, knowing that a party intends to use a report does not make that party an intended user.

We deal with this issue almost every day in the mortgage appraisal world. Borrowers are not intended users, even though we know that they will receive a copy, and perhaps even try to use it for some use.
 
OP ""for estate or divorce purposes"


unless under legal Court's Subpoena (or a Judge invoking a Jurisdictional Exception) - not included in the OP.

"2-2(c)(i) (i) state the identity of the client, by name or type;33 and state a prominent use restriction
808 that limits use of the report to the client"

comment line 816 "The Restricted Use Appraisal Report is for client use only."

Client=Attorney-at-Law
Intended Use=Asset division for a Divorce proceeding (restricted use).
 
Refer to Post 33, USPAP is binding and explicit and trumps QAs

I understand the Attorney is the client and I understand my job is done when I deliver the client a report that they understand. That can be one of three labels, period.

What the client tries to do with the report after I complete a USPAP compliant Restricted Use Appraisal Report has nothing to do with "can I or can I not" use such a format for an Attorney in a divorce proceeding.

See the forest or are the trees in the way?
 
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