Tagged: liability

Smoke Detectors Scope Creep & Appraiser Responsibilities 15

Smoke Detectors & Appraiser Responsibilities

Smoke / CO detectors are not “market-measurable” Dear Mr. Lunsford, We have been asked to write to you by an appraiser that just received your most recent communication concerning your new requirements for fee panel appraisers to inspect, photograph and opine as to operability of Carbon Monoxide (CO) and smoke detectors. The American Guild of Appraisers through its affiliated union sponsors represents our own appraiser members as well as the real estate appraisal interests of our combined fraternal families more than thirteen million union members, retirees and their families. We believe this to be an issue of concern for our...

Desktop Appraisal... Should I or Shouldn't I?  24

Desktop Appraisal… Should I or Shouldn’t I? 

New wave of AMCs desktop “appraisal” products… VaCAP has received several emails from members concerning a new wave of desktop appraisals available from some AMCs. These products have an inspection of the property performed by another individual and the photographs and property specific data is provided to the appraiser. The AMC’s are claiming that the entire product is on-line and no written report is needed. They also claim the report is USPAP compliant. They are looking at compensating the appraiser $65 and the report should take approximately 45 minutes to complete. VaCAP does not have any specific knowledge of these...

AMC Indemnification & Catchall Certification 7

AMC Indemnification

Appraisers signing off catch-all certification… When we crafted the language in the AMC Act back in 2011-2012, we followed what most every other state included insofar as indemnification was concerned. (225 ILCS 459/165) Sec. 165. Prohibited activities. (8) Requiring an appraiser to sign any sort of indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents, employees, or independent contractors for any liability, damage, losses, or claims arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed...

Social Media & USPAP Confidentiality Requirement 35

Think It Through Before You Post!

Appraisers are Professionals, Social media is a fact of life. There are many appraisal industry social media outlets for appraisers to connect. These forums provide a great resource for appraisers to seek advice from other appraisers, voice their opinions on industry related issues, and sometimes just to vent a bit after a rough day. This is where we need to be careful….. We have all read comments on social media outlets that you just have to stop and think to yourself, “I can’t believe someone actually posted this”. Confidentiality is a requirement of the Uniform Standards of Professional Appraisal Practice....

Legal hotline advice concerning FHA inspections 18

Legal Hotline Advice Concerning FHA Inspections

Advice from the Virginia Association of Realtors Legal Hotline Mack Strickland, a dedicated founding member of VaCAP, recently contacted the Virginia Association of Realtors Legal Hotline concerning FHA inspections. He shared with VaCAP his findings. “I called VAR legal hotline, a service to all REALTORS (appraisers are REALTORS too if paying dues). I inquired about the liability of the FHA inspection protocol of operating appliances. The lawyers confirmed my belief that to reduce the appraiser’s liability as to operation of appliances and equipment is to have a responsible person present to operate the appliances for the appraiser. I have adopted...

Non-USPAP states - appraisers liability limited to appraisal fee 6

Limiting Appraiser Liability to the Cost of the Appraisal?

I recently got an email from an appraiser I have high regards for. He asked me a simple question that got me thinking. It was: “Why don’t a group of appraisers get together and form an AMC?” I found that an interesting concept. It has been done. Coester was an appraiser and now he is just an AMC. Allen Hummel, an Appraisal Institute icon, has an AMC. Why not? We know it better than anyone. But the devil is in the details. Appraiser’s liability for mistakes or omissions in this appraisal report is limited to a refund of the fee...

An Opportunity for More Work? 15

An Opportunity for More Work…

Work opportunity for $25… Opportunity? A member of VaCAP forwarded this email from an AMC. VaCAP wanted to share. “We have a new product which is a review of a BPO. You’ll need to log onto a site and complete a checklist. The pay is $25 per report with a 24-48 hour turn time. Most can be done in about 10-20 minutes. All work can be done from your desktop. Training will be provided. Please let us know if you are interested. At this time, we are reaching out to garner interest. We’ll let you know the next steps as...

An Appraisal Profession Tsunami is Coming 16

An Appraisal Profession Tsunami is Coming

TSUNAMI! Before the Internet and YouTube, most of us read about or saw a few pictures of Tsunami’s in books. Reading about a tsunami though, will never be the same as actually being in a tsunami, or seeing a video of a tsunami. A YouTube video of the Japanese tsunami of 2011 truly captures what a tsunami is, and how destructive it can be. If you have never seen that video, take a look at it below. People die in tsunamis. Tsunami death pictures can be found all over the internet. But who were those people and why did they...

Go away appraisers 15

Go Away, Appraisers…

“Do they just want us to go away?” Appraisers Feeling Like Travis… Does anyone remember the Pepsi commercial awhile back that featured Jeff Gordon getting revenge on a guy named Travis from Jalopnik? Watch the commercial below to refresh your memory if you don’t. “Stop sir! This never works! Stop”! Travis yells from the back seat! As Travis’ car was being chased, Travis knew that what was going on wasn’t logical and didn’t make any sense, and it made even less sense to him that his driver didn’t stop the car right away. What Travis didn’t know was, his driver...

Appraiser Expert Witness Issue 2

Appraiser Expert Witness Issue

Discovery of Draft Expert Witness Reports (Draft Appraisals) in State Court – a Chart Appraiser Michael Brunson, SRA, MNAA, and I recently wrote an article for the Appraisal Institute’s 4th Quarter 2015 edition of Valuation entitled “Getting Ready for Expert Witness Work: 10 Practice Pointers.” One of the pointers is that while the Federal Rules of Civil Procedure (Rule 26) now generally protect a retained expert witness’s draft reports (e.g., draft appraisals) from discovery by the opposing party, appraisers need to understand that if a litigation is pending in state court and thus subject to the state’s rules of civil...

xml sitemap