USPAP violations

[William K]

What, exactly, is a USPAP violation and who can determine violations of USPAP?

The USPAP Police of course

None.
..................
Is USPAP a guideline or more like a rule?

Yes

Can a "USPAP violation" be corrected?

Only by the Wizard of OZ or is that The Wizard of USPAP

How are you doing that? You say I'm on ignore and can't read my posts. Then you post things to my thread. But when I try to post on one of your threads (to see if I'm on ignore) it won't let me.

Are you turning ignore on and off? Is that a USPAP violation?

Only in the Virgin Islands on the first Tues of the month......

 

[JSmith43]

CAN, if you want me to take you off ignore, why don't you just ask? Send me a letter. I can't read your posts, because I have you on ignore

I realized I posted on a thread you started a bit too late. My post has already been copied, so taking it down is pointless.

 

[CANative]

So do appraisers have the authority to say that other appraisers have committed a USPAP violation or for that matter that a report under review contains "USPAP violations?"

JS43... I'll let you know when I'm ready to come off ignore.

 

[hastalavista]

So do appraisers have the authority to say that other appraisers have committed a USPAP violation or for that matter that a report under review contains "USPAP violations?"

Why do I need anyone to grant me the authority to form an opinion about a USPAP violation?

I do reviews that require a review for USPAP compliance. How can I complete such an assignment if I do not use my own judgment to determine if a report complies or doesn't comply with the USPAP?

If a report is missing a signed certification, why couldn't I say the report is in violation because there is no signed certification?

:new_smile-l:

 

[Blueprint]

Is USPAP a guideline or more like a rule?

It is exactly what you want or hope it to be until you get sued.

Its a rule. If you break it (which surely occurs on a regular daily basis in the residential industry) and you get caught, you are flicked.

No different from a speeding ticket. You may not be hurting anyone at the time, but government will happily step in and siphon your hard earned cash.

 

[Carnivore]

Why do I need anyone to grant me the authority to form an opinion about a USPAP violation?

I do reviews that require a review for USPAP compliance. How can I complete such an assignment if I do not use my own judgment to determine if a report complies or doesn't comply with the USPAP?

If a report is missing a signed certification, why couldn't I say the report is in violation because there is no signed certification?

:new_smile-l:

Denis, I often categorize deficient items in the original report under review as major and minor. I don't state them as violations. I state there impact on the purpose and intended use of the report. I also state whether or not they are a reporting requirement of USPAP.

I am not the judge or jury. I am a expert witness! :icon_lol:

 

[Tim Hicks (Texas)]

I don't make USPAP violation judgments or comments either. The state board is the last word on whether it is a violation or not, not me. However, your review when sent to the state is subject to USPAP compliance and sanctions as well as the report that is reviewed.

 

[Don Clark]

I don't make USPAP violation judgments or comments either. The state board is the last word on whether it is a violation or not, not me. However, your review when sent to the state is subject to USPAP compliance and sanctions as well as the report that is reviewed.

And, sometimes state boards get it wrong. I have assisted in at least a dozen appeals and/or answers to state boards. in 1 case the state was trying to enforce a regulation that did not exist, and stated that there were USPAP violations. there were neither. An attorney proved there were no violations of the regulation since such a regulation did not exist. I proved there was no USPAP violation. thereafter, the state wrote a regulation to cover how to handle similar matters.

In another case, myself and a 2nd AQB Certified USPAP Instructor proved, before an ALJ(I testified by telephone), he was in state and present, that the appraiser did not violate USPAP. A 3rd AQB Certified USPAP Instructor sided with the state. The ALJ ruled that there were no violations and ordered the state to reconsider, the appraiser even took a new certification test to prove competence, the state took his CG anyway.

In other cases I have proved that state investigators never looked at the report or the workfile. Those cases were thrown out. As of now I have about a 95% success rate in assisting appraisers in their appeals. I cannot help anyone who voluntarily signs a consent agreement. Hint....never sign a consent agreement until you have another set of eyes look it over.

 

[Terrel L. Shields]

a report is missing a signed certification, why couldn't I say the report is in violation because there is no signed certification?

Misspelling a word so bad that it changes the meaning of a sentence, leaving out a word, etc. is a "violation" of USPAP. There is no "minimum" ...all reports must be perfect.

The ALJ ruled that there were no violations and ordered the state to reconsider, the appraiser even took a new certification test to prove competence, the state took his CG anyway.

This is further proof that the board system should be abolished. Or, at least modified to where no board is allowed to vote on the license of an appraiser. That must be done by a TRAINED JURIST.... a real judge, not a kangaroo court.

 

[George Hatch]

The administrative actions by the boards are subject to judicial appeal, so it's already not an either-or proposition. But going to court is expensive, and these boards usually have to be self-funded. And they mostly don't have to go to court on appeals.

My state has ~12,000 licensees and the regulator here revokes an average of one license per month. If forced to go to trial to do that would take an extra year to get there (during which the accused is free to continue to operate), and it would cost what it would cost to try the case. That cost would be paid for in increased licensing fees by the many.