Comments on: Unintended Consequences – Intended Use https://appraisersblogs.com/appraisal/unintended-consequences-intended-use/ Appraisal News and Tips for Real Estate Appraisers Sun, 28 Jul 2024 05:08:51 +0000 hourly 1 https://wordpress.org/?v=7.0 By: D.D https://appraisersblogs.com/appraisal/unintended-consequences-intended-use/#comment-32449 Sun, 26 Sep 2021 10:55:32 +0000 http://appraisersblogs.com/?p=1271#comment-32449 Are valuations able to be copyrighted?
This link appears to offer some insight here:

https://www.workingre.com/appraiser-wins-copyright-suit/

]]> By: D. D. https://appraisersblogs.com/appraisal/unintended-consequences-intended-use/#comment-32448 Sun, 26 Sep 2021 10:42:22 +0000 http://appraisersblogs.com/?p=1271#comment-32448 I had performed a (non real estate) personal property appraisal for a group of maritime assets for the client’s intended use of due diligence for prospective purchase. There was only one intended user (owners representative) named on the reports. Subsequently one year later apparently after the company made an acquisition of most of those assets, a tax accounting firm contacted my firm and told me they are auditing the workfile to form an irs basis for value. Permission from the client was obtained directly and granted to share the data and workfile, although The intended use of the report was not for tax purposes but for negotiation and due diligence to make a purchase of the assets. Now it appears the negotiation tool (the restricted appraisal reports) are now being used to form a value basis for taxation purposes. It was never disclosed what the actual acquisition price was for each asset. Would this unintended use of the restricted appraisal report from an unintended user constitute a violation of USPAP and if so without the report being copyrighted is there any defense or recourse the appraiser can enforce? How in your opinion should this have better been handled or what would you do in this case?

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