A USPAP violation is whatever your state board say it is and they are the ultimate USPAP police. They do investigate tips from wannabe USPAP police such as review appraisers.
Well...someone finally hit the jackpot.
It is a crap shoot and depends entirely upon the board/investigator's OPINION....and to overturn that OPINION you have to go to court. Those of you who have long argued USPAP to be some sort of casual guideline for conduct need to read the letter of the law that created your board.
And then the crap that ASC gives the states when they think the state is "wrong". They hammered Arkansas for not adjudicating 10 and 15 year old complaints. We have a 3 year SOL. Remember the thread where the state went back to sanction a former board member from 10 years earlier in violation of state law, but the PTB were chewing the board up one side and down the other for frivolous complaints about frivolous complaints.
In OK a clear conflict of interest was ignored by the board, it went to the state Supreme court and the board was overturned. Time and again, Administrative laws are violated by boards. Courts rule that the claims are unsupported, etc. Why? Because the folks serving on a board, well-intentioned or not, are not TRAINED JURISTS. They have no business acting as judges.
USPAP is a landmine. You step on it sometimes and it doesn't go off. Other times it will kill you and your career and leaving the impression that you are somehow a "bad" person for "violating" an ephemeral document of dubious intent.
Intentional or not, you violate USPAP, perhaps on virtually every report. Minor point..so what it's still a violation and actionable.
Ever do a IRS report and forget the right language? put in the wrong definition of market value? ... or use a pre-printed Fannie certification?
The state cannot even spell the street name I live on correctly and we expect them to understand USPAP?
; I sign it and re-send it to the client. USPAP violation corrected, and therefore is non-existent.
