USPAP Definitions of ‘His’ and ‘Her’

USPAP Definitions of His and Her, The New ‘Misleading’ DebacleThe USPAP Exposure Draft Process Continues To Step Outside Their Purpose With Her / Him as the new ‘Misleading’ Debacle

The general idea of definitions added to USPAP was supposed to be industry-specific nomenclature. Because ASB doesn’t have policy writers nor does legal counsel review their work, we get a lot of garbage embedded into the document. And then it often gets removed because it was never correct, to begin with. This garbage in/out process is by design. There is no incentive for the technical boards (AQB, ASB) to get it right. This way USPAP can continue to be arbitrarily updated every two years so that TAF can be “financially independent” by charging appraisers for USPAP when it could be free.

And now we get another exposure draft with another one close behind.

Those process missteps to create ridiculous definitions should be looked at closely. It’s a disservice to appraisers nationwide. “Misleading” was particularly egregious.

Appendix 5: DEFINITIONS TO RETIRE

Definition of Misleading

MISLEADING: Intentionally or unintentionally misrepresenting, misstating, or concealing relevant facts of conclusions.

Definition of Relevant Characteristics

RELEVANT CHARACTERISTICS: features that maa affect a property’s value or marketability such as legal, economic, or physical characteristics.

Definition of Personal Inspection

PERSONAL INSPECTIONS: a physical observation performed to assist in identifying relevant property characteristics in a valuation service.

Comment: An appraiser’s inspection is typically limited to those things readily observable without the use of special testing or equipment. Appraisals of some types of property, such as gems and jewelry, may require the use of specialized equipment. An inspection by an appraiser is not the equivalent of an inspection by an inspection professional (e.g., a structural engineer, home inspector, or art conservator). 18

Footnote 18. See Advisory Opinion 2, Inspection of Subject Property

Unbelievably, does the definition of ‘Appraiser’ really need to be modified?

Appendix 6: DEFINITIONS TO MODIFY

Definition of Appraiser

APPRAISER: one who is expected to perform valuation services competently and in a manner that is independent, impartial, and objective.

Comment: Such expectation occurs when individuals, either by choice or by requirement placed upon them or upon the service they provide by law, regulation, or agreement with the client or intended users, represent that they comply.19

Footnote19: See PREAMBLE and Advisory Opinion 21, USPAP Compliance.

Definition of Assignment Elements

ASSIGNMENT ELEMENTS: specific information needed to identify the appraisal or appraisal review problem: client and any other intended users; intended use of the appraiser’s opinions and conclusions; type and definition of value; effective date of the appraiser’s opinions and conclusions; subject of the assignment and its relevant characteristics; and assignment conditions.

Definition of Workfile

WORKFILE: data, information, and documentation necessary to support the appraiser’s opinions and conclusions and to show compliance with USPAP. 20

Footnote 20: See RECORD KEEPING RULE.

And now USPAP is wading into definitions of ‘His’ and ‘Her’ which begs the question, what does this have to do with USPAP?

Appendix 7: DEFINITIONS TO ADD

Definitions of His or Her

HIS OR HER: Traditional gender-related pronouns, such as “he”, “his”, “him”, “himself”, or “she”, “her” or “herself”, are to be construed as gender neutral and include persons who identify themselves as non-binary, e.g., agender, bigender.

Good grief.

Again, this silly exposure draft process is being maintained to keep the cash flowing into TAF from the hard-working appraisers they are supposed to represent. It’s all about money and avoiding accountability.

Jonathan Miller
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Image credit flickr - Ivan Radic
Jonathan Miller

Jonathan Miller

Jonathan Miller is President and CEO of Miller Samuel Inc., a real estate appraisal and consulting firm he co-founded in 1986. He is a state-certified real estate appraiser in New York and Connecticut, performing court testimony as an expert witness in various local, state and federal courts.

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23 Responses

  1. Avatar Daniel Williams says:

    Good grief is right. Retirement cannot come fast enough!

    7
    • Avatar don silva says:

      This is all out of control and pure nonsense that has no bearing on value.
      WE ARE A NATION”””GONE MAD”””

      8
  2. Avatar E J says:

    Two more months for me & I’m outta here !

    7
    • Avatar don silva says:

      praise the lord for you, i left in January 21, nonsense and destructive behavior going on now, and not about the appraisal profession for the good.

      6
  3. Avatar Dave Towne says:

    Jonathan is correct. This is ridiculous: HIS OR HER: Traditional gender-related pronouns, such as “he”, “his”, “him”, “himself”, or “she”, “her” or “herself”, are to be construed as gender neutral and include persons who identify themselves as non-binary, e.g., agender, bigender.

    USPAP primary Standards are not written using pronouns. Where these are used is elsewhere in ‘the book.’ Rather than ‘define’ the pronouns to appease those who might be offended, just replace all references in ‘the book’ to “the appraiser.” Simple.

    6
  4. Avatar DianaN. says:

    Good Grief Charley Brown it’s getting worse and worse and easier and easier to retire after 48 years in the business.

    6
  5. Avatar Mary says:

    OMG lets all clap for them being politically CORRECT with this totally useless definition. Him/Her to be considered gender neutral? REALLY? Sure they can say it INCLUDES persons who identify as non binary, but unless we want to just get rid of Him / Her/ His / Hers / Himself / Herself from the dictionary, they cannot tell us these words mean gender neutral.These words means Male or Female period!Lets just describe everyone as THAT person! This is off the rails.

    8
    • Avatar don silva says:

      Or as in Star Trek of a few years ago, when 7 0f 9 refers to humans–male or female as ””CARBON UNITS”’.

      4
      • Baggins Baggins says:

        If I am ever forced to take on a pronoun like on the spot or something, I’m definitely going to choose that one Don.

        Are beer and cigarettes made of carbon? I think so! It’s an all around perfect fit. Imagine being so hopelessly antagonistic to others that you feel the need to place your religion, your sexual preference, your political affiliation, and your net worth in every signature line you may ever write on every last letter. That’s the progressive left for you. Somebody needs to bake me this cake before I turn green.

        https://www.afa.net/
        It’s only proper to post this link, as I did also share the pronouns link below. In all things, balance is appropriate. If you never signed up for the AFA monthly paper magazine, it’s free and interesting. We buy the christmas stuff and the ryan dephrates videos for the kids. Vote with your wallet. Vote with your feet.

        1
  6. Avatar Seneca says:

    Who cares. I have never used these any of these pronouns in any of my work in the first place. None of this matters. You people getting worked up over nothing. Live & Let Live.

    2
    • Avatar E J says:

      I can’t remember using any either, it’s more about TAF being idiots.

      6
    • Baggins Baggins says:

      The problem with constantly changing ethics is that if radical ideas are injected which may conflict with the moral standards of the majority, then it’s not ethic, but rather activism, forcing otherwise unwelcome views on others. Basic philosophical principals. Who do these people think they’re representing?
      https://www.diffen.com/difference/Ethics_vs_Morals

      This appears to also be a setup to eliminate personal inspections and accountability completely. Is REVAA rewriting the ethic book now? Daring to read the content is like voluntarily taking two more ethics classes every cycle without the CE credit.

      3
      • Avatar don says:

        Isn’t about a fifth of our nation subject to the Napoleonic code where gender was written into the laws? Aren’t we already having a national crisis, and some theroestists are trying to add genders?
        I can’t be neutral, can you?

        1
      • Did you just use REVAA and ethics in the same sentence? I would have sworn that was impossible!

        1
        • Baggins Baggins says:

          The public school teacher in my childs elementary district is pushing this link in emails now… Click at your own risk.

          Pronouns: she/her
          Why pronouns matter (this is the link below, did not copy as a hotlink though)
          Mental Health Crisis Services:
          https://www.mypronouns.org/what-and-why
          School Counselor

          So now we have progressive liberals pushing radical gender indoctrination on our kids in the public schools. CO is apparently ‘the pioneer’ where this may be proliferating the most rapidly. The people doing this seem to always be newer hires, and/or counselors or psychologists. We’re literally being discriminated against and pushed around by radical mental health counselors. You can’t make this up. Meanwhile private Christian schools of worth are approximately $7.5k per child per year and have no such gender indoctrination aspect. We could really use a sponsor in case there happens to be any well to do readers of this material… I may now have to choose between an appraiser career or this school, because I’ll have to get out and find a new job to be able to have assurance to pay that bill consistently. Just whip out $15k or more a year, for the next 7-9 years. It’s that, abide the unwelcome changes, or move to another state entirely.

          You know, it’s one thing to provide appraisal services to people with different lifestyle choices than I have, I truly do not mind and have found such experiences normal and pleasant. We talk about housing, real property, market trends, I provide a quality service, nobody pushes their specific views on the other, and it’s just all good. I’ve done many husband husband and wife wife sort of appraisal scenarios and it’s never been a problem. But when certain people use the power and authority of a public school system when they know very well there are many parents whom ideologically and/or religiously object, and they push this directly to the children, it’s an entirely different ball game. As every piece of educational material and curriculum rapidly changes over to more progressive friendly content. The non discrimination rules are now causing active discriminating against new categories of people. I suppose this sort of over bearing approach is nothing new but it’s clearly not necessary and is not an ethical practice. I mean, do what you want in your own time but when we step through the door as licensed professionals, we check our personal baggage and possibly ideologically conflicting positions at the door. Not for public teachers and these teachers unions though, they apparently have free reign to force everyone to bake that cake. We just lost all opportunity for a fair participation in female sports for our daughters in this entire state. SD & MT however, they both just passed regulatory measures prohibiting such discrimination and in turn have re established safe and private spaces for females in public schools. It’s getting more and more difficult to want to hang on in a progressive blue state, at least from a parents perspective. And it all started with apparently benign set of simple language changes. After that comes an avalanche of changes, buyer beware.

          0
    • Avatar JohnnyQ says:

      I don’t think it refers to appraisal reporting. Rather, it addresses the use of pronouns within USPAP. Anyhow, what happened to good, old fashioned It?As non binary as it can be.

      0
  7. Avatar David Eigenbrode says:

    I’m done after 29+ years…Too much BS…
    I’m putting my toes in the water, my ass in the sand, and cigar in one hand, cold beer in the other…
    AMF to the AMC’s!!!!

    5
  8. Avatar Douglas G. Kues says:

    Wanna quickly put some weight on what this does to society? Imagine your child was just kidnapped right in front of your eyes and the police just showed up. There are witnesses to it all. Neither you nor any of the witnesses can use sex, color, height, weight, clothing, physical defects or enhancements, age, markings, or anything out of the ordinary to describe the kidnapper. About all you can tell the police is that they drove a Ford and headed West. How soon do you think they might know who did it, and how soon do you think you might see your child safely back home? So, would the same powers strike the ability of the police to ask the victim for a description of the kidnapper? So…. the description of a master bedroom CAN remain the same….. just the definition of master has been changed. Perfect.

    1
  9. Thassholes is gender neutral.

    Applicable to those that screw with USPAP just to be seen as being relevant.

    The only thing we need to retire is The Appraisal Foundation. Go back to any pre 2008 USPAP version and use that.

    No word-smithing. No reinterpretation of the English language. No special interest carve outs. NO obfuscation of who or what appraisers are. Lets be clear. USPAP was intended for REAL ESTATE APPRAISERS. USPAP should define appraisers covered by USPAP as ONLY real estate appraisers. Not some vague collection of ‘valuation’ service providers.

    Thasshole(s) Defined as those placing PC, partisan, linguistic social engineering above principles. Most commonly used to denote plural entities, but may be used in its singular form as well.

    2

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USPAP Definitions of ‘His’ and ‘Her’

by Jonathan Miller time to read: 2 min
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