• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Sample Report From Prev. Employer

Status
Not open for further replies.

BlueFab5

Freshman Member
Joined
Nov 2, 2009
Professional Status
Appraiser Trainee
State
Pennsylvania
Hello, I have been working as an independent contractor while building up my own client list over the last several years. A few potential clients have asked for sample reports for property types that I completed while working as an independent contractor for another appraiser.

I don't think the appraiser I was contracted with would grant permission for me to use the reports as samples if I asked. They aren't happy I'm no longer working with them.

Obviously, I would redact information from the report. Would someone still use the report or tell the potential client that while I have experience with that property type, unfortunately, I am not able to send a sample report.
 

J Grant

Elite Member
Joined
Dec 9, 2003
Professional Status
Certified Residential Appraiser
State
Florida
Since you were an independent contractor and not an employee imo would be okay, retract confidential info...did the other appraiser sign as supervisor or was it all your work and only your signature?
 

BlueFab5

Freshman Member
Joined
Nov 2, 2009
Professional Status
Appraiser Trainee
State
Pennsylvania
Since you were an independent contractor and not an employee imo would be okay, retract confidential info...did the other appraiser sign as supervisor or was it all your work and only your signature?

Thanks for the feedback.

I signed the reports as a certified general appraiser. The other appraiser also signed the report, as their company was engaged for the assignment.
 

J Grant

Elite Member
Joined
Dec 9, 2003
Professional Status
Certified Residential Appraiser
State
Florida
That might change things if their signature was on it. Why not go out and do a new no client appraisals for use as samples... either on those very same properties or others, and submit that appraisal with no client and no conflict of interest as a sample with your signature alone? Do you have any appraisals you have done with just your name on it?
 

Mr Rex

Elite Member
Joined
Jan 12, 2004
Professional Status
Certified Residential Appraiser
State
North Carolina
79. WORKFILE RETENTION WITH MORE THAN ONE APPRAISER
Question: If two appraisers sign an appraisal report, what are the obligations related to record
keeping? Specifically, must both appraisers keep a copy of the workfile?
Response: No. It is not necessary for both appraisers to have a copy of the workfile.
The RECORD KEEPING RULE states, in part:
An appraiser must have custody of the workfile, or make appropriate workfile retention,
access, and retrieval arrangements with the party having custody of the workfile.
Neither appraiser is required to have custody of the workfile. However, an appraiser who does not
have custody must make appropriate arrangements for retention, access, and retrieval.

See Advisory Opinion 31, Assignments Involving More than One Appraiser for further guidance.

80. RESPONSIBILITY FOR WORKFILE RETENTION
Question: (1.) Jim, an independent contractor, works for my appraisal company on a
regular basis. I have always kept all appraisal file documentation (including
hard copies of appraisal reports, field notes, drawings, photographs, and
data) at my office. Now Jim wants to keep the files relating to his work in
his own possession. Under USPAP, which appraiser should keep the
workfile?

Question: (2.) Is the RECORD KEEPING RULE upheld if an institutionally employed
appraiser ensures that his organization retains copies of his appraisal work
for five years? Or, must the appraiser also maintain a personal file of all
work performed?
Question: (3.) A client’s attorney requested that I supply all of my files/records regarding
an assignment. Can I do this and still be in compliance with the record
keeping requirements for USPAP? Also, what must I retain in my files as
proof that the files are now the responsibility of the attorney? Will a simple
letter from the client be sufficient?
Response: In responding to each of the three preceding questions, what should be considered is that,
according to USPAP, the appraiser, not the appraiser’s employer or client, is ultimately
responsible for the retention of the workfile for the prescribed period.
(Bold added for emphasis)
(See RECORD KEEPING RULE)
When workfiles will be retained by an employer, client, co-appraiser or any other party, the
appraiser must make arrangements with that party to protect and preserve the workfile, and to
allow the appraiser to make the workfile available to other parties such as state appraiser
regulatory agencies, professional peer review committees, or when required by due process of law.
There are a number of ways an appraiser who works for or with another party can ensure that files
are retained so that the appraiser can have access to the files to meet the requirements of the
RECORD KEEPING RULE. For example, an appraiser and his employer or colleague may agree
that the files will remain in the employer’s or colleague’s custody for the duration of the requisite
retention period and that the appraiser will have access to those files, if needed.
USPAP does not dictate the form or format of workfile documentation. It is not necessary to
include original documents in the file; photocopies and electronic copies are acceptable as true
copies. Because there have been cases where employers and others have denied appraisers access
to workfiles, an appraiser may wish to make and retain copies of workfiles. However, USPAP
does not address any specific manner by which an employer or contractor and appraiser should
handle record retention. This is a business matter which should be arranged in the context of the
employer- or contractor-appraiser relationship.
By the same token, providing the workfile to a duly authorized party, such as a client’s attorney, is
permitted by USPAP. However, this does not relieve the appraiser of the responsibility for that
workfile. At no time may an appraiser abdicate his or her responsibility for a workfile. Therefore,
when an appraiser relinquishes possession of a file to a client or the client’s representative, the
appraiser should retain either a copy of the workfile or a written reference to an agreement with
the client that the appraiser will have access to the workfile, if the need arises.
 

BlueFab5

Freshman Member
Joined
Nov 2, 2009
Professional Status
Appraiser Trainee
State
Pennsylvania
Thanks for the input, there is some good feedback. I've gotten some feedback from friends (fellow appraisers) who see no problem using a report completed as an independent contractor.

A few people have responded citing USPAP. This is not a USPAP/workfile issue. The question has to do with professional ethics and courtesy. Having access to the workfile is different from using it as you please.

Thanks
 

bnmappraisal

Elite Member
Gold Supporting Member
Joined
Nov 9, 2011
Professional Status
Certified Residential Appraiser
State
Florida
Would someone still use the report or tell the potential client that while I have experience with that property type, unfortunately, I am not able to send a sample report.
The way I read your OP made it sound like you do/did not have access to the file, so I can see where the USPAP comments come from ... that being said
The question has to do with professional ethics and courtesy. Having access to the workfile is different from using it as you please.
Personally, if I did not have the permission of the other signing appraiser, I would not use the report. Even though you're not on the best of terms, maybe they will still say yes! What do you have to lose? They say no, you're back to your original situation.

If they say no, I'd probably just explain to your client the situation - you have experience, but it was with the other appraiser and (s)he won't allow me to use it.
As my old boss used to say "if the truth works, use it!"
 

J Grant

Elite Member
Joined
Dec 9, 2003
Professional Status
Certified Residential Appraiser
State
Florida
Thanks for the input, there is some good feedback. I've gotten some feedback from friends (fellow appraisers) who see no problem using a report completed as an independent contractor.

A few people have responded citing USPAP. This is not a USPAP/workfile issue. The question has to do with professional ethics and courtesy. Having access to the workfile is different from using it as you please.

Thanks

If you are not poaching "his " clients or bad mouthing him, imo you are behaving ethically, you are just providing a work sample nothing more.
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Top

AdBlock Detected

We get it, advertisements are annoying!

Sure, ad-blocking software does a great job at blocking ads, but it also blocks useful features of our website. For the best site experience please disable your AdBlocker.

I've Disabled AdBlock
No Thanks