djd09
Elite Member
- Joined
- May 20, 2009
- Professional Status
- Licensed Appraiser
- State
- Ohio
And if they didn't think they made an error? USPAP COMPLIANCE is an opinion of the reviewer or user. It is no more FACT than any other OPINION. There are enough soft pieces to the puzzle that opinions overlap. Take an number of hundreds of posts on this forum in 20 years where people disagreed with someones interpretation of USPAP. We need go no further than this thread and any thread in the USPAP etal section, or the Improving the Profession section to find a host of conflicted opinion. They cannot all be "right." So we have people openly bragging they can find an error or violation of USPAP in a report SOMEWHERE WITHOUT EXCEPTION. So - as you know - I've argued that compliance is impossible or at least improbable. Someone else has a different opinion. And you do not have to go head to head with another appraiser in court to see that. And I was in one court where 4 appraisers were present and a fifth had filed a report but could not attend due to his daughter's wedding out of state. His report prevailed in court. Was it "better" than ours? Probably not but if fell between the two other sides so the judge selected it as the 'best'. How else could he have done it when A-he has no idea what USPAP says; B-he has no idea what the SOP of appraisers are nor anything about the body of knowledge we were supposed to be aware of; C - There was limited sales and no clear unadjusted nearby sale to hang your hat on. I would argue we all did the best we could even though the spread between high and low was 30%...yet, someone had to be wrong, right? You cannot expect identical results between appraisers. So who gets to arbitrate who is "right" and who is "wrong"?
As for boards, any number of boards have been reversed in court. So if the boards cannot even get USPAP right, why can anyone believe that USPAP isn't flawed big time? USPAP is unfixable. It is not an ethical document to look up to. It is a standard by which appraisers can and are punished without recourse by reviewers no better appraisers than those they castigate.
the best part is...the board will review your appraisal and not even follow USPAP themselves...
most of USPAP would be considered contractual agreements and should be left for civil courts...the other parts are criminal and should be prosecuted in a real court room