Real Estate Appraisal Professional Standards

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1 Real Estate Appraisal Professional Standards Summary This proposal is to amend the Florida Administrative Code (FAC) to allow a Certified Residential Appraiser or a Certified General Appraiser to use standards of valuation practice other than the Uniform Standards of Professional Appraisal Practice (USPAP) when performing appraisals for non-mortgage lending transaction, or any other appraisal assignments where compliance with USPAP is not otherwise required by federal or state law. These proposed rule changes are consistent with amendments to Florida s real estate appraisal law regarding standards of professional practice that were adopted by the legislature in Adopting this rule change will allow appraisers to effectively and efficiently meet their client s needs while maintaining the highest levels of appraiser ethics and competency and preserving the public trust. What is the existing law? Existing Florida statutes (F.S.A et seq.), provide for the licensure and regulation of real estate appraisers and vests the duty of enforcing and administering that law in the FREAB. Certification by the FREAB is mandatory in order for a person to issue an appraisal report and to receive compensation for providing valuation services. Existing statutes (F.S.A ) also require the FREAB to adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Further, Each appraiser registered, licensed, or certified under this part must comply with the rules when providing valuation services. By regulation (FAC 61J ), the Division of Real Estate and the FREAB have mandated that All registered, licensed, or certified appraisers shall comply with the Uniform Standards of Professional Appraisal Practice (USPAP), effective January 1, 2014, which is incorporated by reference. There are currently no alternatives to compliance with USPAP for state-certified appraisers that are performing appraisals for purposes where compliance with USPAP may not otherwise be required by federal or state statute, regulation or policy. However, the Florida Legislature made significant changes to F.S.A in 2012 to allow the FREAB to adopt additional sets of professional standards for use by certified appraisers in addition to USPAP (Laws 2012, c , 22, eff. July 1, 2012). Under Florida law, licensed real estate brokers, sales associates, and broker associates who are not certified by the FREAB may provide valuation services for compensation so long as they do not represent themselves as state-certified appraisers. The requirements of Chapter 475, including the requirements to comply with USPAP, do not apply to real estate sales professionals providing valuation services.

2 What would this rule change do? This proposed rule change would permit a Certified Residential Appraiser or a Certified General Appraiser to perform an appraisal in accordance with standards of valuation practice other than USPAP for any purpose where compliance with USPAP is not otherwise required by federal statute, regulation or policy. A licensee utilizing an alternate standard will also be required to continue to comply with the Ethics and Competency Rules of USPAP. The FREAB would be required to make a determination as to which standards of professional practice meet or exceed nationally recognized standards of valuation practice as required by statute. The standard of professional practice that the licensee utilizes to perform the appraisal must be agreed upon by the appraiser and the client. A licensee wishing to perform appraisal activity according to an alternate standard of professional practice would be required to state within the body of the appraisal report the standard that was utilized in the development and reporting of the appraisal. Further, the standards of professional practice being utilized must have been determined by the FREAB to meet or exceed nationally recognized standards of appraisal practice. What won t this rule change do? This legislation will not: 1) Change any of the state requirements enacted in accordance with the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) and amendments thereto, including the requirements that appraisals for federally-related transactions (FRTs) be performed by state-licensed or state-certified appraisers in compliance with USPAP; 2) Prohibit an appraiser from choosing to utilize USPAP to perform an appraisal for a non-federally related, non-mortgage lending purpose. Why is this rule change necessary? Appraisers have identified many problems with USPAP that impact their ability to perform appraisal services for non-mortgage lending, non-federally related purposes in an effective and efficient manner that meets the needs of their clients. Standards of professional practice have been developed by public and private entities that provide the same assurances that the information being provided by the appraiser is credible and reliable, and that the appraiser is independent, impartial and objective. 1) Rules, not principles - USPAP has become a rules-based, rather than principles-based, set of standards. The USPAP rules related to real property appraisal assignments are now approximately 165 pages in length. Other standards of valuation practice are as short as 5 pages, and are equally effective as USPAP. 2) Difficult to use in litigation - There have been many instances where appraisers offering testimony in courts of law have been disqualified as expert witnesses for minor deviations

3 from USPAP that have no material impact on their value conclusion. These disqualifications are unrelated to their ability to ethically and competently perform an assignment and to obtain credible assignment results. 3) Methodologies, not standards Many of USPAP s Standards are in fact valuation methodologies, which should be left to the expertise of the professional. The Advisory Opinions of USPAP contain extensive methodological information that is unnecessary to ensure that the analyses, opinions, and conclusions of an appraiser are meaningful and not misleading. 4) Focused on mortgage lending - USPAP was developed in response to the savings and loan crisis of the late 1980 s to institute appraisal standards for mortgage lending transactions. Development of USPAP is funded and partially overseen by the federal Appraisal Subcommittee, which is made up of representatives from the federal financial institutions regulatory agencies. The provisions of USPAP are geared primarily towards meeting the appraisal needs of financial institutions involved in mortgage loan origination. 5) Doesn t always meet client needs Often, users of appraisal services have needs for real estate appraisals that are performed according to national or international professional standards. There is little, if any, flexibility within USPAP to allow appraisers to meet the needs of a diverse clientele. Take, for example, a Canadian financial institution that is considering financing the development and construction of an office building in the United States. Canadian regulators require that appraisals be performed in accordance with the Canadian Uniform Standards of Professional Appraisal Practice (CUSPAP). Currently, a U.S. state certified appraiser cannot complete this assignment. So, the Canadian financial institution must have this assignment completed by a Canadian appraiser operating in the U.S. This results in lost business for U.S. appraisers who may be competent and qualified to complete appraisal assignments in accordance with CUSPAP. 6) High regulatory compliance costs - A significant portion of an appraiser s time is spent ensuring compliance with USPAP s mundane Rules, Standards and Standards Rules, Statement on Appraisal Standards and Advisory Opinions Rules, rather than completing the research and analysis necessary to ensure credible assignment results. The additional time that it takes to ensure compliance with USPAP has had an impact on the ability of appraisers to competitively price their services. 7) Neither uniform, nor standard - Nothing in USPAP is uniform or standard. The Appraisal Standards Board modifies USPAP every two-years, sometimes only to make minor changes. This results in a constantly moving target for appraisal practitioners, and is typically done for no other reason than for the publisher of USPAP to sell copies of the new edition, and to justify requiring appraisers to attend a seven-hour USPAP continuing education class. USPAP is interpreted differently by state appraiser licensing agencies. Enforcement of USPAP is inconsistent.

4 What are the benefits of permitting appraisers to use other standards of valuation Practice? This rule change will allow a Certified Residential Appraiser or a Certified General Appraiser to be better able to meet client needs for reliable opinions of the value of real estate. The use of alternate standards of professional practice will continue to ensure that real estate valuations for non-federally related purposes are: 1) credible and reliable; 2) performed by appraisers who are independent, impartial and objective; and 3) performed by appraisers who comply with the highest principles of ethics and competence. Contact Scott W. DiBiasio Manager, State & Industry Affairs 440 First Street, N.W., Suite 880 Washington, D.C Phone: (202)

5 Appraisal Institute Standards of Valuation Practice Effective January 1, 2015 Copyright 2014 Appraisal Institute. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopy, recording or otherwise, without the prior written consent of the publisher.

6 Definitions The following definitions apply to these Standards of Valuation Practice. Appraisal: The act or process of developing an opinion of value; an opinion of value. An appraisal must be numerically expressed as a specific amount, as a range of numbers, or as a relationship (e.g., not more than, more than, not less than, less than) to a specified amount. Assignment Results: Opinions and conclusions developed in an appraisal or review. Biased: Not reasonably supported, and favoring or promoting the cause or interest of the client, one s self, or another. Client: The individual, group or entity who engages a valuer to perform a service. Credible: Worthy of belief; supported by analysis of relevant information. Credibility is always measured in the context of intended use. Date of Report: The date on which the report is transmitted to the client. Effective Date: The date on which the appraisal or review opinion applies. Engagement: An agreement between a valuer and a client to provide a service. Hypothetical Condition: A condition that is presumed to be true when it is known to be false. Intended Use: The valuer s intent as to how the report will be used. Intended User: The party or parties the valuer intends will use the report. Report: The final communication, written or oral, of an appraisal or review transmitted to the client. Finality is evidenced by the presence of the valuer s signature in a written report or a statement of finality in an oral report. All communications to the client prior to the final communication must be conspicuously designated as such. Review: The act or process of developing and communicating an opinion to a client about the quality of another s appraisal or review report. Reviewer: A valuer performing a review. Scope of Work: The type of data and the extent of research and analyses. Service: Work that a valuer performs for a client that is subject to the Appraisal Institute s Code of Professional Ethics and these Standards of Valuation Practice, including but not limited to appraisal and review. Special Assumption: An assumption, directly applicable to a specific service, which, if found to be false, could alter the opinions or conclusions in an appraisal or review. Value: The monetary relationship between properties and those who buy, sell, or use those properties. Value expresses an economic concept. As such, it is never a fact but always an opinion of the worth of a property at a given time in accordance with a specific definition of value. In appraisal practice, value must always be qualified - for example, market value, liquidation value, or investment value. Valuer: One who is expected to provide services relating to the value of property in an unbiased and competent manner. 1

7 STANDARD A: An appraisal must be credible. SR A-1: Competency In developing an appraisal, a valuer must: (a) be aware of and understand methods and techniques that are necessary to produce credible assignment results; (b) not commit a substantial error of omission or commission that significantly affects the assignment results; and (c) not make a series of errors that, considered individually, may not significantly affect the assignment results but which, when considered in the aggregate, establish that the appraisal is being rendered in a careless or negligent manner. SR A-2: Problem Identification The valuer must identify the appraisal problem to be solved at the time of engagement. To identify the appraisal problem, the valuer must ascertain: (a) the client and any other intended users; (b) the intended use of the report; (c) the type and definition of value; (d) the effective date of the valuer s opinions and conclusions; (e) the property that is the subject of the appraisal and the interest in that property to be appraised; (f) the characteristics of the subject property that are relevant to the type and definition of value and intended use of the appraisal; (g) any special assumptions necessary in the appraisal; (h) any hypothetical conditions necessary in the appraisal; and (i) other conditions of the engagement that affect the scope of work, including general assumptions and applicable laws, regulations and guidelines. SR A-3: Scope of Work The valuer must determine the scope of work necessary to develop an appraisal that is credible given its intended use. The scope of work for an appraisal is appropriate when it meets: (a) what the actions would be of another valuer who possesses competency to prepare the same appraisal, and (b) the expectations of parties who are regularly intended users of appraisals under similar circumstances. SR A-4: Application of Methodology The valuer must: (a) research and verify data necessary to develop a credible appraisal, and (b) correctly employ methods and techniques necessary to produce a credible appraisal. 2

8 STANDARD B: A review must be credible. SR B-1: Competency In developing a review, a reviewer must: (a) be aware of and understand methods and techniques that are necessary to produce credible assignment results; (b) not commit a substantial error of omission or commission that significantly affects the review; and (c) not make a series of errors that, considered individually, may not significantly affect the review but which, when considered in the aggregate, establish that the review is being rendered in a careless or negligent manner. SR B-2: Problem Identification The reviewer must identify the review problem to be solved at the time of engagement. To identify the review problem, the reviewer must ascertain: (a) the client and any other intended users; (b) the intended use of the report; (c) the objective of the review, including whether it will include the development of the reviewer s own opinion of value (in the case of a review of an appraisal) or the reviewer s own review opinion (in the case of a review of a review); (d) the work under review, which may be a written or oral appraisal or review report, or portion thereof; (e) any special assumptions necessary in the review; and (f) other conditions of the engagement that affect the scope of work, including general assumptions and applicable laws, regulations and guidelines. SR B-3: Scope of Work The reviewer must determine the scope of work necessary to develop a review that is credible given its intended use. The scope of work for a review is appropriate when it meets: (a) what the actions would be of another reviewer who possesses competency to prepare the same review, and (b) the expectations of parties who are regularly intended users of reviews under similar circumstances. SR B-4: Application of Methodology The reviewer must: (a) correctly employ methods and techniques necessary to produce a credible review; (b) support review opinions with relevant evidence and logic; (c) develop rationale for any disagreement with the data, analyses, opinions or conclusions presented in the work under review; and (d) when the reviewer s scope of work includes development of the reviewer s own opinion of value, comply with the requirements of Standard A. 3

9 STANDARD C: A report must be clear and not misleading. SR C-1: Not Misleading A report must clearly and accurately set forth the appraisal or review opinions and conclusions in a manner that will not be misleading in the context of the intended use. SR C-2: Sufficient Report Content An appraisal or review report, whether oral or written, must contain sufficient information to enable the intended user(s) to understand the report properly in the context of the intended use. (a) A written appraisal report must: (i) include a signed certification statement in accordance with SR C-3; (ii) state that the valuer has no (or the specified) present or prospective interest in the property that is a subject of this engagement and no (or the specified) personal interest with respect to the parties involved; (iii) state either that no one provided significant property appraisal assistance to the valuer signing the certification, or state the name of each individual who provided such assistance; (iv) state the identity of the client; or if the client requested anonymity, state that the client s identity is withheld but retained with the valuer s records; (v) state the identity of any other intended user(s), by name or type, of the appraisal report; (vi) state the intended use of the appraisal report; (vii) identify the property involved in the appraisal; (viii) state the property interest appraised; (ix) state the type of value and cite the source of its definition; (x) state the effective date of the appraisal; (xi) state the date of report; (xii) state the scope of work used to develop the appraisal; (xiii) state the methods and techniques used to develop the opinions and conclusions; (xiv) state the extent of any significant appraisal assistance provided to the valuer; (xv) state the opinion(s) and conclusion(s) reached; and (xvi) clearly and conspicuously state all special assumptions and hypothetical conditions; and that their use might have affected the valuer s opinion(s) and conclusion(s). (b) A written review report must: (i) include a signed certification statement in accordance with SR C-3; (ii) state that the reviewer has no (or the specified) present or prospective interest in the property that is a subject of the work under review and no (or the specified) personal interest with respect to the parties involved; (iii) state either that no one provided significant property appraisal or review assistance to the valuer signing the certification, or state the name of each individual who provided such assistance; (iv) state the identity of the reviewer s client; or if the client requested anonymity, state that the client s identity is withheld but retained with the reviewer s records; 4

10 (v) state the identity of any other intended user(s), by name or type, of the review report; (vi) state the intended use of the review report; (vii) state the objective of the review; (viii) state the identity of the work under review, including the date of report specified in the work under review; (ix) state the effective date of the review; (x) state the scope of work used to develop the review; (xi) when the reviewer s scope of work includes the reviewer s development of an opinion of value: o state which information, analyses, opinions and conclusions in the work under review the reviewer accepted as credible and used in developing the reviewer s own opinion, o state any additional information relied on, and o summarize the reasoning for the reviewer s opinion of value; (xii) state the extent of any significant appraisal or review assistance provided to the reviewer; (xiii) clearly and conspicuously state any special assumptions used in the review, and state that their use might have affected the reviewer s opinion(s) and conclusion(s); and (xiv) state the reviewer s opinion(s) and conclusion(s) about the work under review, including the reasons for any disagreement. (c) An oral appraisal or review report must, to the extent that it is both possible and appropriate, address the substantive matters set forth in SR C-2(a) or (b). A written copy of a signed certification in accordance with SR C-3 must be retained by the valuer or reviewer. SR C-3: Certification A report must contain the following statement signed by the valuer(s): I certify that, to the best of my knowledge and belief, my analyses, opinions and conclusions were developed, and this report complies with, the Code of Professional Ethics and Standards of Valuation Practice of the Appraisal Institute. When the signing valuer(s) relied on work done by others who do not sign the certification, each signing valuer is responsible for the decision to rely on their work. Each signing valuer is required to have a reasonable basis for believing that those individuals performing the work are competent and that their work is credible. 5

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