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Appraisers are often confronted with one of a variety of questions relating to the same general problem. The scenario is as follows: You completed an assignment for a client some time back — maybe a year ago, a month ago, a week ago — and now another party wants your opinion of the value of the same property.
First, make sure you understand what is being requested. Assignment results are your opinions and conclusions developed specific to an assignment. Examples include your final value opinion, your highest and best use conclusion and your indications of value from any of the approaches used. The Confidentiality I dont want to do my assignment of the Ethics Rule of USPAP and the Appraisal Institute Code of Professional Ethics provide that an appraiser must not disclose confidential information or assignment results to anyone other than the client and persons i dont want to do my assignment authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and duly authorized professional peer review committees.
Assignments results may be presented in a written report or in an oral report. Sometimes, if an appraiser is not careful, assignment results are revealed inadvertently. First, keep in mind that not all portions of the report are confidential. For example, in an appraisal report factual data such as sales comparables are not confidential unless they were made available by the client and are not available from another source. Descriptions of the location neighborhood description, region description, etc.
are not confidential, i dont want to do my assignment. However, since an appraisal report contains assignment resultswhich are included in the Confidentiality Section of the Ethics Rule of USPAP and the Appraisal Institute Code of Professional Ethicsthe authorization process stated above in Q1 applies. Can I accept a new assignment involving the same property for another client? Yes; however, you cannot disclose any confidential information contained in the report prepared in the previous assignment for a different client without that prior client's permission, i dont want to do my assignment.
So you must ask yourself: In completing a new assignment involving the same property for a second client, would I need to disclose information that was considered to be confidential by the first client? And if i dont want to do my assignment first client will not give permission to usetheir confidential information, then you cannot accept the new assignment. In many cases, performing a new assignment for a second client would not require the appraiser to divulge any confidential information.
Confidential Information: information that is either:. The first client does not need to give permission for you to proceed with another assignment for a second client unless confidential information is at stake. Another common misconception in performing valuation assignments is that if the value opinion in the second assignment is exactly the same as the value opinion in the first assignment, then communicating the value opinion in the second assignment breaches confidentiality with the first client.
This is not true. Entering into an appraiser-client relationship to complete an assignment does not mean that the appraiser then has an interest with regard to that client or that property. It cannot. Keep in mind that sinceUSPAP has required disclosure of any prior service involving the same property within three years prior to the date of engagement. A few key points about this requirement:. The requirement that was added to USPAP in goes on to state that in the event the client requested the very fact that the appraiser performed the appraisal be kept confidential, the appraiser cannot take another assignment involving that property for three years.
That is because the appraiser would not be able to disclose prior services as required without violating confidentiality. The appraiser must use his or her discretion in deciding whether or not to reveal information about a prior assignment to a subsequent client beyond what is required by the aforementioned disclosure. For example, while the identity of the client is not confidential unless the clinet so state, there are situations in which the very fact that the first client had the property appraised is in itself sensitive information.
Note that it is characteristic of professionals in many other fields to keep the identity of prior clients confidential. One caveat about taking on assignments with property owners: Appraisers who are contacted by property owners about providing valuation services for which the intended use is in conjunction with mortgage lending must advise those property owners that the assignment must be engaged directly by the lending institution.
This is a requirement under federal law, and the regulatory agencies have been adamant about it. Further, an appraisal report prepared for a client who is the property owner should clearly state that it is not intended for use by a federally insured depository institution in a federally related transaction.
Can I readdress a report, or change the name of the clientbut otherwise give the same report to another client? An appraiser-client relationship, once established, is cast in stone and cannot be changed. The only way to accomplish this is for a new appraiser-client relationship to be established.
To be named as the client in a report, one must have been the party who engaged the appraiser. Tip: An excellent way to firmly establish an appraiser-client relationship is to have a written engagement letter with the client. In an appraisal assignment, if the appraiser simply changes the name of the client, the appraiser is not following the requirements under Standard 1 of USPAP to identify the client, intended user s and intended use with regard to this second client in the proper sequence.
The key reason for identifying the client in an assignment is that the client is the party to whom the appraiser owes the duty of confidentiality. Note that the appraiser does not owe a duty of confidentiality to other intended users. And the key reason for identifying intended users has to do with Standards Rule bwhich says that the report must contain sufficient information to enable the intended users of the appraisal to understand the report properly.
In the case of a review report, a similar requirement is found in Standards Rule b. Once intended users and intended use are stated, the appraiser is now obligated to ensure the adequacy of the report for that use by those intended users.
The identification of intended users and intended use must be completed up front before scope of work determination and before the report is issued. To add intended users after the fact, or to change the intended use, is putting the cart before the horse. A request to readdress a report should be treated as a i dont want to do my assignment to accept a new assignment involving the same property, as in Q3 above. Again, the question as to whether or not you can do so depends on the issue of confidentiality.
Once that issue is resolved, the next questions to be answered are:. In many such cases there may be little additional work in performing a new assignment for another client, i dont want to do my assignment. However, you must consider all the assignment parameters for this new assignment, which could well be different from those of the previous assignment. Further, keep in mind that in providing a report to another client, you are extending your liability to that client.
Every time an addition is made to the list of intended users, our liability grows, i dont want to do my assignment. From a practical standpoint, both the appraiser and the client need to recognize that their business relationship involves this factor. In sum, a new client means there is a i dont want to do my assignment assignment which necessitates the preparation of a new report.
This means that Lender B can use a report that was prepared for Lender A, even though Lender A shows as client on the report. Lender B does not have to be named as client, according to the FIRREA requirements.
Because Lender B wants the appraiser-client relationship, and all the rights and obligations thereof, to be between them and the appraiser. What does this mean? It means that as far as the appraiser is concerned, there is to be a new appraiser-client relationship — i.
Client A could assign their interests in their report to Client B, but the appraiser would not be part of this process and should not be asked to be.
Appraisers certify their reports i. This sort of assignment is not an appraisal at all, because in and of itself, it has nothing to do with developing an opinion of value. Such a letter would, in effect, add that party as an intended user after the completion of an assignment, and you cannot do that.
The general rule is that when a new client enters the picture and a new appraiser-client relationship is formed, a new assignment is involved. A new report will be provided, appropriately identifying the party who engaged the appraiser this second time around as the client; and if the client is a lender subject to the requirements of FIRREA, the report will disclose prior assignments involving the same property.
The new report prepared for this subsequent client may, for all intents and purposes, look strikingly similar. The value conclusion might even be the same. But much has changed, i dont want to do my assignment. The appraiser has considered all the parameters for a new assignment to meet the needs of the new client given their intended use: including scope of work, selection of report option, type and definition of value, date of value, etc.
The appraiser has agreed to extend his or her liability to this new client in allowing that party to rely on his or her value opinion. Once a report is provided to a client, it cannot be tampered with. It is improper for clients to request that reports be tampered with in this manner. It is unethical for appraisers to comply with such requests. Note: The Appraisal Standards Board of the Appraisal Foundation has provided additional guidance on these topics.
See Advisory Opinion 25, Clarification of the Client in a Federally Related Transaction; Advisory Opinion 26, Readdressing Transferring a Report to Another Party ; and Advisory Opinion 27, Appraising the Same Property for a New Client. AI Resources AI Affiliation Our Designations Designation Requirements AI Benefits Insurance Programs AI Group Program AI Regulations and Bylaws Awards and Recognition Awards and Recognition Awards and Recognition Awards i dont want to do my assignment Recognition Awards and Recognition Awards and Recognition Awards and Recognition Volunteers of Distinction The Appraisal Profession Commitment to Diversity Appraisal Diversity Initiative.
AI Books All Books New Books E-books On Sale The Appraisal Journal View the Current Issue Recent Issues Subscribe Search Lum Library Archives Valuation Magazine View the Current Issue Subscribe Search Lum Library Archives, i dont want to do my assignment.
Print Email Share. Readdressing, Reassigning, Reappraising: Do's and Dont's. How should you respond to such requests? To whom can I give the assignment results?
To whom can I give a copy of the report prepared for a client? Confidential Information: information that is either: Identified by the client as confidential when providing it to an appraiser and that is not available from any other source; Classified as confidential or private by applicable law or regulation.
A few key points about this requirement: First, the requirement is to disclose any service involving the property that is the subject of the appraisal or subject of the appraisal under review, in the case of a review assignmentnot just appraisals or appraisal reviews, and not just services provided as an appraiser.
Second, the relevant time period is three years prior to the date of engagement of the current assignment, not date of value or date of report. Third, the disclosure must be made up front before accepting the assignment and again in the certification in the appraisal or review report. And finally, there is no requirement to disclose for whom the prior service was performed; the appraised value, if any; or exactly when in during the three year period the service was performed.
Once that issue is resolved, the next questions to be answered are: Who are the intended users? What is the intended use? What date of value is needed, according to what value definition? What assignment conditions extraordinary assumptions, i dont want to do my assignment, hypothetical conditions, supplemental standards apply? What is the appropriate scope of work for this new assignment?
What level of reporting is needed? Can I reassign a report to another party? Can I recertify a report to another client? Pop up content here. close X.
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