What To Expect From Dbpr Investigator Doing An Office Inspection?

[djd09]

I never say this but get the meanest hardcore lawyer you can find. They are cat fishing with hand grenades. Good luck!

 

[Terrel L. Shields]

Record it. Tell him you do not agree they have the right to inspect those files but won't stop him. Get your E & O an administrative lawyer and see what they say.

 

[hastalavista]

In January I received a complaint in reference to an appraisal, so obviously I presented the entire file and my disput of the complaint. On monday of this week I was informed that they are ready to conduct there interview, and along with there interview at "my office" they will be completing a "office inspection". At that time I was informed to have the past six months files available for them to select 4 at random for review.

Based on this information, my suspicion is that they've found something in the workfile you presented that they believe is deficient. They are going to look at some other workfiles to see if they contain the same levels of deficiencies.

The common error in the workfiles (at least according to my regulator) is that there is (a) insufficient information to be able to recreate the report and (b) absence of items that were referred to in the report.

From the Record Keeping Rule:


The data necessary to support the appraiser's opinion is the data necessary to recreate the report.

From FAQ# 74


Many times a report will reference the workfile such as when the cost approach is completed and the report says, "based on local contractor costs." When the report says that, those local contractor costs better be in the workfile (or their location referenced in the workfile so they can be reviewed). Similar when a report says, "based on paired sales analysis..."; ok, those pairings, if not in the report, should be in the work file.


It will be difficult (but not impossible) for you to objectively evaluate the workfile you've submitted for the complaint to determine if its content meets the record keeping rule. If you know of an appraiser in your market with whom you believe to be competent, you can ask that colleague to take a look at your workfile and ask them if they think it is complete. This could give you a sense if a deficiency exists and what the state might be looking for in their random draw.


Good luck!

 

[hastalavista]

Tell him you do not agree they have the right to inspect those files but won't stop him.

The OP can disagree all s/he wants. But you are right: it won't stop the investigator because the right to inspect the office is statutory.

 

[djd09]

It is one thing for them to request files , it is another thing for the government to enter your private office.
Don't let them in.

 

[djd09]

an administrative lawyer

Why not a constitutional lawyer?

 

[glenn walker]

Florida Statute is plain and clear they have the right to audit your files ** Just like when you get a drivers license you have to agreed to certain conditions. Whatever don't be a jerk and start talking non-sense about recording or search warrants. Most likely a few weeks after the audit you will receive a letter informing you of their findings and recommendations. At this juncture your E & O attorney can review their findings and determine if there is anything he-she can do to assist.