Steven:
Alas, we finally found something we can agree on; in your own words:
not that I follow your analogy or have any expertise in the Bible.
I couldn’t agree more, you have no expertise in the Bible. Your assumption that the 10 commandments constitute the substance of the Bible completely ignoring the following 65 books. All non-binding AO opinions that neither establishes new rules or standards nor interprets the 10 commandments. No reference to you personally with this statement, but one of those other 65 books teaches to never cast your pearls before swine, which is a teaching I bring up because it is never a good idea to bring religion or matters of faith into a debate unless it is a theological discussion. But having said that, can you have a debate about ethics and related confidentiality, abeyance to rules and standards, etc., without an implication of character traits in the people to whom the rules and standards apply? I think not. What are character and integrity but certain basic personal values and standards that we either possesses and adhere to exhibiting integrity by practicing what we preach or we don’t? With no universally acepted reference point in the image of a universal deity that personifies the value system, how would one know?
I say the above to set the stage for replying to your above points, one at the time:
1. Your solutions versus improvements statement. A play on words. You can’t have a solution without it being an improvement and you can’t have an improvement without it being a solution to some degree. I don’t think there can be a solution or improvement given the nature of the document and the situation it addresses. That is why I suggested that enforcement of USPAP by state appraisal boards be immediately terminated because looking at enforcement from a legal point of view the entire process is a travesty of justice. As this thread makes abundantly clear, at best the entire system is arbitrary and capricious. That is my first suggested solution.
2. Then you address the concepts of recognized methods and the act of misleading. Interesting points. Appraisal practices & methods recognized by whom and who is being misled? If the so called recognized methods are mathematically not correct and in conflict with the underlying recognized theory, would you not say the profession is being mislead by the enforcers of this vague USPAP document? Read standard 1-1A recently? It is my view as you very well know that the present accepted method of doing the sales comparison approach is misleading because it does not either recognized or reflects the underlying value influencing forces that I know exists. You and I spent the better part of last week on your very grim views of the cost approach, and so how in good conscience can you sit by and allow such a misleading method exist in your chosen profession without offering solutions? Between the two of us, that only leaves one viable approach and that approach does not apply in the vast majority of residential appraising. To be misled is a totally subjective and very personal dilemma that personifies arbitrariness and capriciousness. I guess it is better to me misled than to not be led at all. Ask any Democratic and he will tell you that.
3. You say I fall into one of 3 categories, which you don’t define, the one apparently being a chronic bellyacher that never offers any solutions to the problem. I think I have answered that question in this thread directly and by implication, but for your edification I will do so again.
First solution: Immediately stop enforcement of this USPAP document because doing so has proven to be a travesty of justice for reasons already stated. USPAP is a very vague value based ideal for the most part and we have to many value systems floating around in this country the principal one of which adhere to the tenet that “What is profitable is godly, and what is unprofitable is ungodly.” That is neither in the Old or New Testament by the way. That is one of those self-serving Biblical interpretations I referenced previously. No solution or improvement is possible I am afraid. Selfishness and greed are the roots of all-evil. Any solutions to improve that dilemma?
Second: USPAP being an ideal, it should be treated as such. It is an ideal that all conscientious appraisers should strive to emulate and incorporate into their professional development and by so doing and using UAPAP as a standard to eventually be conformed to its likeness as a model of the profession. The only way to enforce it is by peer review and an ideal professional role model that the document should personify. You don’t chop a person’s hands off for failing to meet the standard; you assume a mentor role and guide those below you in the right direction as you are guided by those from above in knowledge and experience. This doesn’t mean you ignore criminal actions like making up comps, creative data interpretation like cherry picking, or a myriad of other gross violations of basic legal standards.
Strangely, one of the best solutions I have heard that pretty much sums up my suggested solutions is the one you have stated a number of times; tell the truth and don’t mislead. I would add an appendix to that: Strive to emulate the model of perfection but don’t condemn individual appraisers to death for having a splinter in their eye especially since the powers that be have a plank in their eye. Forgive their indiscretions and let them begin anew and eventually they will be conformed to the likeness of the perfect model if that be their goal and desire. If a person does not have the correct goal & model to emulate, then no rule or standard can remedy that.