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UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE
TABLE OF CONTENTS
 

DEFINITIONS

PREAMBLE

ETHICS RULE

COMPETENCY RULE

SCOPE OF WORK RULE

JURISDICTIONAL EXCEPTION RULE

 

Standards and Standards Rules

STANDARD 1:

REAL PROPERTY APPRAISAL, DEVELOPMENT

STANDARD 2:

REAL PROPERTY APPRAISAL, REPORTING

STANDARD 3:

APPRAISAL REVIEW, DEVELOPMENT AND REPORTING

STANDARD 4:

REAL PROPERTY APPRAISAL CONSULTING, DEVELOPMENT

STANDARD 5:

REAL PROPERTY APPRAISAL CONSULTING, REPORTING,

STANDARD 6:

MASS APPRAISAL, DEVELOPMENT AND REPORTING

STANDARD 7:

PERSONAL PROPERTY APPRAISAL, DEVELOPMENT

STANDARD 8:

PERSONAL PROPERTY APPRAISAL, REPORTING

STANDARD 9:

BUSINESS APPRAISAL, DEVELOPMENT

STANDARD 10:

BUSINESS APPRAISAL REPORTING

 

Statements on Appraisal Standards

Statements on Appraisal Standards (SMT) are authorized by the by-laws of The Appraisal Foundation and are specifically for the purposes of clarification, interpretation, explanation, or elaboration of the Uniform Standards of Professional Appraisal Practice (USPAP). Statements have the full weight of a Standards Rule and can be adopted by the Appraisal Standards Board only after exposure and comment.

 

Each Statement is labeled as to its applicability to the various appraisal disciplines. The abbreviations are:

    • Real Property – RP

    • Personal Property – PP

    • Intangible Property – IP (includes business interests)

    • All disciplines – ALL

SMT-1

Appraisal Review - Clarification of Comment on Standards Rule 3-1(g) - (Retired)

SMT-2

Discounted Cash Flow Analysis (RP)

SMT-3

Retrospective Value Opinions (RP, PP)

SMT-4

Prospective Value Opinions (RP, PP)

SMT-5

Confidentiality Section of the ETHICS RULE - Retired

SMT-6

Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions (RP, PP)

SMT-7

Permitted Departure from Specific Requirements in Real Property and Personal Property Appraisal Assignments - Retired

SMT-8

Electronic Transmission of Reports - Retired

SMT-9

Identification of the Client's Intended Use and Intended User (ALL)

SMT-10

Assignments for Use by a Federally Insured Depository Institution in a Federally Related Transaction - Retired

 

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USPAP 2008–2009 Edition
©The Appraisal Foundation

 

UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE

 

as promulgated by the
Appraisal Standards Board of
The Appraisal Foundation

DEFINITIONS

 

For the purpose of the Uniform Standards of Professional Appraisal Practice (USPAP), the following definitions apply:

APPRAISAL: (noun) the act or process of developing an opinion of value; an opinion of value. (adjective) of or pertaining to appraising and related functions such as appraisal practice or appraisal services.

Comment: An appraisal must be numerically expressed as a specific amount, as a range of numbers, or as a relationship (e.g., not more than, not less than) to a previous value opinion or numerical benchmark (e.g., assessed value, collateral value).

APPRAISAL CONSULTING: the act or process of developing an analysis, recommendation, or opinion to solve a problem, where an opinion of value is a component of the analysis leading to the assignment results.

Comment: An appraisal consulting assignment involves an opinion of value but does not have an appraisal or an appraisal review as its primary purpose.

APPRAISAL PRACTICE: valuation services performed by an individual acting as an appraiser, including but not limited to appraisal, appraisal review, or appraisal consulting.

Comment: Appraisal practice is provided only by appraisers, while valuation services are provided by a variety of professionals and others. The terms appraisal, appraisal review, and appraisal consulting are intentionally generic and are not mutually exclusive. For example, an opinion of value may be required as part of an appraisal review and is required as a component of the analysis in an appraisal consulting assignment. The use of other nomenclature for an appraisal, appraisal review, or appraisal consulting assignment (e.g., analysis, counseling, evaluation, study, submission, or valuation) does not exempt an appraiser from adherence to the Uniform Standards of Professional Appraisal Practice.

APPRAISAL REVIEW: the act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal, appraisal review, or appraisal consulting assignment.

Comment: The subject of an appraisal review assignment may be all or part of a report, workfile, or a combination of these.

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.(note1 )

APPRAISER’S PEERS: other appraisers who have expertise and competency in a similar type of assignment.

ASSIGNMENT: a valuation service provided as a consequence of an agreement between an appraiser and a client.

ASSIGNMENT RESULTS: an appraiser’s opinions and conclusions developed specific to an assignment.

Comment: Assignment results include an appraiser’s:

    • opinions or conclusions developed in an appraisal assignment, such as value;

    • opinions of adequacy, relevancy, or reasonableness developed in an appraisal review assignment; or

    • opinions, conclusions, or recommendations developed in an appraisal consulting assignment.

ASSUMPTION: that which is taken to be true.

BIAS: a preference or inclination that precludes an appraiser’s impartiality, independence, or objectivity in an assignment.

BUSINESS ENTERPRISE: an entity pursuing an economic activity.

BUSINESS EQUITY: the interests, benefits, and rights inherent in the ownership of a business enterprise or a part thereof in any form (including, but not necessarily limited to, capital stock, partnership interests, cooperatives, sole proprietorships, options, and warrants).

CLIENT: the party or parties who engage an appraiser (by employment or contract) in a specific assignment.

Comment: The client identified by the appraiser in an appraisal, appraisal review, or appraisal consulting assignment (or in the assignment workfile) is the party or parties with whom the appraiser has an appraiser-client relationship in the related assignment, and may be an individual, group, or entity.

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; or

  • classified as confidential or private by applicable law or regulation*.

*NOTICE: For example, pursuant to the passage of the Gramm-Leach-Bliley Act in November 1999, some public agencies have adopted privacy regulations that affect appraisers. As a result, the Federal Trade Commission issued a rule focused on the protection of “non-public personal information” provided by consumers to those involved in financial activities “found to be closely related to banking or usual in connection with the transaction of banking.” These activities have been deemed to include “appraising real or personal property.” (Quotations are from the Federal Trade Commission, Privacy of Consumer Financial Information; Final Rule, 16 CFR Part 313.)
 

COST: the amount required to create, produce, or obtain a property.

Comment: Cost is either a fact or an estimate of fact.

CREDIBLE: worthy of belief.

Comment:  Credible assignment results require support, by relevant evidence and logic, to the degree necessary for the intended use.

EXTRAORDINARY ASSUMPTION: an assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser’s opinions or conclusions.

Comment: Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis.

FEASIBILITY ANALYSIS: a study of the cost-benefit relationship of an economic endeavor.

HYPOTHETICAL CONDITION: that which is contrary to what exists but is supposed for the purpose of analysis.

Comment: Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis.

INTANGIBLE PROPERTY (INTANGIBLE ASSETS): nonphysical assets, including but not limited to franchises, trademarks, patents, copyrights, goodwill, equities, securities, and contracts as distinguished from physical assets such as facilities and equipment.

INTENDED USE: the use or uses of an appraiser’s reported appraisal, appraisal review, or appraisal consulting assignment opinions and conclusions, as identified by the appraiser based on communication with the client at the time of the assignment.

INTENDED USER: the client and any other party as identified, by name or type, as users of the appraisal, appraisal review, or appraisal consulting report by the appraiser on the basis of communication with the client at the time of the assignment.

JURISDICTIONAL EXCEPTION: an assignment condition that voids the force of a part or parts of USPAP, when compliance with part or parts of USPAP is contrary to law or public policy applicable to the assignment.

MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal.

Comment: Forming an opinion of market value is the purpose of many real property appraisal assignments, particularly when the client’s intended use includes more than one intended user. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories:

  1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer);

  2. the terms of sale (e.g., cash, cash equivalent, or other terms); and

  3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale).

Appraisers are cautioned to identify the exact definition of market value, and its authority, applicable in each appraisal completed for the purpose of market value.  

 

MASS APPRAISAL: the process of valuing a universe of properties as of a given date using standard methodology, employing common data, and allowing for statistical testing.

MASS APPRAISAL MODEL: a mathematical expression of how supply and demand factors interact in a market.

PERSONAL PROPERTY: identifiable tangible objects that are considered by the general public as being “personal” - for example, furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment; all tangible property that is not classified as real estate.

PRICE: the amount asked, offered, or paid for a property.

Comment: Once stated, price is a fact, whether it is publicly disclosed or retained in private. Because of the financial capabilities, motivations, or special interests of a given buyer or seller, the price paid for a property may or may not have any relation to the value that might be ascribed to that property by others.

REAL ESTATE: an identified parcel or tract of land, including improvements, if any.

REAL PROPERTY: the interests, benefits, and rights inherent in the ownership of real estate.

Comment: In some jurisdictions, the terms real estate and real property have the same legal meaning. The separate definitions recognize the traditional distinction between the two concepts in appraisal theory.

REPORT: any communication, written or oral, of an appraisal, appraisal review, or appraisal consulting service that is transmitted to the client upon completion of an assignment.

Comment: Most reports are written and most clients mandate written reports. Oral report requirements (see the Record Keeping section of the ETHICS RULE) are included to cover court testimony and other oral communications of an appraisal, appraisal review, or appraisal consulting service.

SCOPE OF WORK: the type and extent of research and analyses in an assignment.

SIGNATURE: personalized evidence indicating authentication of the work performed by the appraiser and the acceptance of the responsibility for content, analyses, and the conclusions in the report.

Comment: A signature can be represented by a handwritten mark, a digitized image controlled by a personal identification number, or other media, where the appraiser has sole personal control of affixing the signature.

VALUATION SERVICES: services pertaining to aspects of property value.

Comment: Valuation services pertain to all aspects of property value and include services performed both by appraisers and by others.

VALUE: the monetary relationship between properties and those who buy, sell, or use those properties.

Comment: 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.

WORKFILE: documentation necessary to support an appraiser’s analyses, opinions, and conclusions.

 

 

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USPAP 2008–2009 Edition
©The Appraisal Foundation

 

PREAMBLE

The purpose of the Uniform Standards of Professional Appraisal Practice (USPAP) is to promote and maintain a high level of public trust in appraisal practice by establishing requirements for appraisers. It is essential that appraisers develop and communicate their analyses, opinions, and conclusions to intended users of their services in a manner that is meaningful and not misleading.

The Appraisal Standards Board promulgates USPAP for both appraisers and users of appraisal services. The appraiser’s responsibility is to protect the overall public trust and it is the importance of the role of the appraiser that places ethical obligations on those who serve in this capacity. USPAP reflects the current standards of the appraisal profession.

USPAP does not establish who or which assignments must comply. Neither The Appraisal Foundation nor its Appraisal Standards Board is a government entity with the power to make, judge, or enforce law. Compliance with USPAP is required when either the service or the appraiser is obligated to comply by law or regulation, or by agreement with the client or intended users. When not obligated, individuals may still choose to comply.

 

USPAP addresses the ethical and performance obligations of appraisers through DEFINITIONS, Rules, Standards, Standards Rules, and Statements.

  • The DEFINITIONS establish the application of certain terminology in USPAP.

  • The ETHICS RULE sets forth the requirements for integrity, impartiality, objectivity, independent judgment, and ethical conduct.

  • The COMPETENCY RULE presents pre-assignment and assignment conditions for knowledge and experience.

  • The SCOPE OF WORK RULE presents obligations related to problem identification, research and analyses.

  • The JURISDICTIONAL EXCEPTION RULE preserves the balance of USPAP if a portion is contrary to law or public policy of a jurisdiction.

  • The ten Standards establish the requirements for appraisal, appraisal review, and appraisal consulting service and the manner in which each is communicated.

  • STANDARDS 1 and 2 establish requirements for the development and communication of a real property appraisal.

  • STANDARD 3 establishes requirements for the development and communication of an appraisal review.

  • STANDARDS 4 and 5 establish requirements for the development and communication of a real property appraisal consulting assignment.

  • STANDARD 6 establishes requirements for the development and communication of a mass appraisal.

  • STANDARDS 7 and 8 establish requirements for the development and communication of a personal property appraisal.

  • STANDARDS 9 and 10 establish requirements for the development and communication of a business or intangible asset appraisal.

  • Statements on Appraisal Standards clarify, interpret, explain, or elaborate on a Rule or Standards Rules.

  • Comments are an integral part of USPAP and have the same weight as the component they address. These extensions of the DEFINITIONS, Rules, and Standards Rules provide interpretation and establish the context and conditions for application.

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USPAP 2008–2009 Edition
©The Appraisal Foundation

 

ETHICS RULE

 

Conduct

Management

Confidentiality

Record Keeping

 

To promote and preserve the public trust inherent in professional appraisal practice, an appraiser must observe the highest standards of professional ethics. This ETHICS RULE is divided into four sections: Conduct, Management, Confidentiality, and Record Keeping. The first three sections apply to all appraisal practice, and all four sections apply to appraisal practice performed under STANDARDS 1 through 10.

Comment: This Rule specifies the personal obligations and responsibilities of the individual appraiser. However, it should also be noted that groups and organizations engaged in appraisal practice share the same ethical obligations.

Compliance with USPAP is required when either the service or the appraiser is obligated by law or regulation, or by agreement with the client or intended users, to comply. In addition to these requirements, an individual should comply any time that individual represents that he or she is performing the service as an appraiser.

An appraiser must not misrepresent his or her role when providing valuation services that are outside of appraisal practice. (note2 )

Comment: Honesty, impartiality, and professional competency are required of all appraisers under these Uniform Standards of Professional Appraisal Practice (USPAP). To document recognition and acceptance of his or her USPAP-related responsibilities in communicating an appraisal, appraisal review, or appraisal consulting assignment completed under USPAP, an appraiser is required to certify compliance with USPAP. (See Standards Rules 2-3, 3-3, 5-3, 6-9, 8-3, and 10-3.)

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USPAP 2008–2009 Edition
©The Appraisal Foundation

 

Conduct  (ETHICS RULE)

 

An appraiser must perform assignments ethically and competently, in accordance with USPAP.

 

An appraiser must not engage in criminal conduct.

 

An appraiser must perform assignments with impartiality, objectivity, and independence, and without accommodation of personal interests.

 

An appraiser must not advocate the cause or interest of any party or issue.

 

An appraiser must not accept an assignment that includes the reporting of predetermined opinions and conclusions.

 

An appraiser must not communicate assignment results in a misleading or fraudulent manner. An appraiser must not use or communicate a misleading or fraudulent report or knowingly permit an employee or other person to communicate a misleading or fraudulent report.

 

An appraiser must not use or rely on unsupported conclusions relating to characteristics such as race, color, religion, national origin, gender, marital status, familial status, age, receipt of public assistance income, handicap, or an unsupported conclusion that homogeneity of such characteristics is necessary to maximize value.

 

Comment: An individual appraiser employed by a group or organization that conducts itself in a manner that does not conform to these Standards should take steps that are appropriate under the circumstances to ensure compliance with the Standards.

 

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USPAP 2008–2009 Edition
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Management  (ETHICS RULE)

 

The payment of undisclosed fees, commissions, or things of value in connection with the procurement of an assignment is unethical.

 

Comment: Disclosure of fees, commissions, or things of value connected to the procurement of an assignment must appear in the certification and in any transmittal letter in which conclusions are stated. In groups or organizations engaged in appraisal practice, intra-company payments to employees for business development are not considered unethical. Competency, rather than financial incentives, should be the primary basis for awarding an assignment.

It is unethical for an appraiser to accept an assignment, or to have a compensation arrangement for an assignment, that is contingent on any of the following:

  1. the reporting of a predetermined result (e.g., opinion of value);

  2. a direction in assignment results that favors the cause of the client;

  3. the amount of a value opinion;

  4. the attainment of a stipulated result; or

  5. the occurrence of a subsequent event directly related to the appraiser’s opinions and specific to the assignment’s purpose.

Advertising for or soliciting assignments in a manner that is false, misleading, or exaggerated is unethical.

Comment: In groups or organizations engaged in appraisal practice, decisions concerning finder or referral fees, contingent compensation, and advertising may not be the responsibility of an individual appraiser, but for a particular assignment, it is the responsibility of the individual appraiser to ascertain that there has been no breach of ethics, that the assignment is prepared in accordance with these Standards, and that the report can be properly certified when required by Standards Rules  2-3, 3-3, 5-3, 6-9, 8-3, or 10-3.

 

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USPAP 2008–2009 Edition
©The Appraisal Foundation

 

Confidentiality (ETHICS RULE)

 

An appraiser must protect the confidential nature of the appraiser-client relationship.

 

An appraiser must act in good faith with regard to the legitimate interests of the client in the use of confidential information and in the communication of assignment results.

 

An appraiser must be aware of, and comply with, all confidentiality and privacy laws and regulations applicable in an assignment.*

 

An appraiser must not disclose confidential information or assignment results prepared for a client to anyone other than the client and persons specifically authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized professional peer review committee except when such disclosure to a committee would violate applicable law or regulation. It is unethical for a member of a duly authorized professional peer review committee to disclose confidential information presented to the committee.

 

Comment: When all confidential elements of confidential information are removed through redaction or the process of aggregation, client authorization is not required for the disclosure of the remaining information, as modified.

*NOTICE: Pursuant to the passage of the Gramm-Leach-Bliley Act in 1999, numerous agencies have adopted new privacy regulations. Such regulations are focused on the protection of information provided by consumers to those involved in financial activities “found to be closely related to banking or usual in connection with the transaction of banking.” These activities have been deemed to include “appraising real or personal property.” (Quotations are from the Federal Trade Commission, Privacy of Consumer Financial Information; Final Rule, 16 CFR Part 313.)

 

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USPAP 2008–2009 Edition
©The Appraisal Foundation

 

Record Keeping  (ETHICS RULE)

 

An appraiser must prepare a workfile for each appraisal, appraisal review, or appraisal consulting assignment. The workfile must include:

  • the name of the client and the identity, by name or type, of any other intended users;

  • true copies of any written reports, documented on any type of media;

  • summaries of any oral reports or testimony, or a transcript of testimony, including the appraiser’s signed and dated certification; and

  • all other data, information, and documentation necessary to support the appraiser’s opinions and conclusions and to show compliance with this Rule and all other applicable Standards, or references to the location(s) of such other documentation.

An appraiser must retain the workfile for a period of at least five (5) years after preparation or at least two (2) years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last.

An appraiser must have custody of his or her workfile, or make appropriate workfile retention, access, and retrieval arrangements with the party having custody of the workfile.

Comment: A workfile preserves evidence of the appraiser’s consideration of all applicable data and statements required by USPAP and other information as may be required to support the appraiser’s opinions, conclusions, and recommendations.

 

A photocopy or an electronic copy of the entire actual written appraisal, appraisal review, or appraisal consulting report sent or delivered to a client satisfies the requirement of a true copy. As an example, a photocopy or electronic copy of the Self-Contained Appraisal Report, Summary Appraisal Report, or Restricted Use Appraisal Report actually issued by an appraiser for a real property appraisal assignment satisfies the true copy requirement for that assignment.

 

Care should be exercised in the selection of the form, style, and type of medium for written records, which may be handwritten and informal, to ensure that they are retrievable by the appraiser throughout the prescribed record retention period.

 

A workfile must be in existence prior to and contemporaneous with the issuance of a written or oral report. A written summary of an oral report must be added to the workfile within a reasonable time after the issuance of the oral report.

 

A workfile must be made available by the appraiser when required by state enforcement agencies or due process of law.  In addition, a workfile in support of a Restricted Use Appraisal Report must be sufficient for the appraiser to produce a Summary Appraisal Report (for assignments under STANDARDS 2 and 8) or an Appraisal Report (for assignments under STANDARD 10), and must be available for inspection by the client in accordance with the Comment to Standards Rules 2-2(c)(viii), 8-2(c)(viii), and 10-2(b)(ix).  

 

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USPAP 2008–2009 Edition
©The Appraisal Foundation

 

COMPETENCY RULE

Prior to accepting an assignment or entering into an agreement to perform any assignment, an appraiser must properly identify the problem to be addressed and have the knowledge and experience to complete the assignment competently; or alternatively, must:

  1. disclose the lack of knowledge and/or experience to the client before accepting the assignment;

  2. take all steps necessary or appropriate to complete the assignment competently; and

  3. describe the lack of knowledge and/or experience and the steps taken to complete the assignment competently in the report.

Comment: Competency applies to factors such as, but not limited to, an appraiser’s familiarity with a specific type of property, a market, a geographic area, or an analytical method. If such a factor is necessary for an appraiser to develop credible assignment results, the appraiser is responsible for having the competency to address that factor or for following the steps outlined above to satisfy this COMPETENCY RULE.

The background and experience of appraisers varies widely, and a lack of knowledge or experience can lead to inaccurate or inappropriate appraisal practice. The COMPETENCY RULE requires an appraiser to have both the knowledge and the experience required to perform a specific appraisal service competently.

The COMPETENCY RULE requires recognition of, and compliance with, laws and regulations that apply to the appraiser or to the assignment.

If an appraiser is offered the opportunity to perform an appraisal service but lacks the necessary knowledge or experience to complete it competently, the appraiser must disclose his or her lack of knowledge or experience to the client before accepting the assignment and then take the necessary or appropriate steps to complete the appraisal service competently. This may be accomplished in various ways, including, but not limited to, personal study by the appraiser, association with an appraiser reasonably believed to have the necessary knowledge or experience, or retention of others who possess the required knowledge or experience.

In an assignment where geographic competency is necessary, an appraiser preparing an appraisal in an unfamiliar location must spend sufficient time to understand the nuances of the local market and the supply and demand factors relating to the specific property type and the location involved. Such understanding will not be imparted solely from a consideration of specific data such as demographics, costs, sales, and rentals. The necessary understanding of local market conditions provides the bridge between a sale and a comparable sale or a rental and a comparable rental. If an appraiser is not in a position to spend the necessary amount of time in a market area to obtain this understanding, affiliation with a qualified local appraiser may be the appropriate response to ensure development of credible assignment results.

Although this Rule requires an appraiser to identify the problem and disclose any deficiency in competence prior to accepting an assignment, facts or conditions uncovered during the course of an assignment could cause an appraiser to discover that he or she lacks the required knowledge or experience to complete the assignment competently. At the point of such discovery, the appraiser is obligated to notify the client and comply with items 2 and 3 of this Rule.

 

 

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USPAP 2008–2009 Edition
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SCOPE OF WORK RULE

 

Problem Identification

Scope of Work Acceptability

Disclosure Obligations

 

For each appraisal, appraisal review, and appraisal consulting assignment, an appraiser must:

  1. identify the problem to be solved;

  2. determine and perform the scope of work necessary to develop credible assignment results; and

  3. disclose the scope of work in the report.

An appraiser must properly identify the problem to be solved in order to determine the appropriate scope of work. The appraiser must be prepared to demonstrate that the scope of work is sufficient to produce credible assignment results.

Comment: Scope of work includes, but is not limited to:

  • the extent to which the property is identified;

  • the extent to which tangible property is inspected;

  • the type and extent of data researched; and

  • the type and extent of analyses applied to arrive at opinions or conclusions.

Appraisers have broad flexibility and significant responsibility in determining the appropriate scope of work for an appraisal, appraisal review, and appraisal consulting assignment.

 

Credible assignment results require support by relevant evidence and logic. The credibility of assignment results is always measured in the context of the intended use.

 

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USPAP 2008–2009 Edition
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Problem Identification (SCOPE OF WORK RULE)

 

An appraiser must gather and analyze information about those assignment elements that are necessary to properly identify the appraisal, appraisal review or appraisal consulting problem to be solved.

Comment: The assignment elements necessary for problem identification are addressed in the applicable Standards Rules (i.e., SR 1-2, SR 3-1, SR 4-2, SR 6-2, SR 7-2 and SR 9-2). In an appraisal assignment, for example, identification of the problem to be solved requires the appraiser to identify the following assignment elements:

  • 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.

This information provides the appraiser with the basis for determining the type and extent of research and analyses to include in the development of an appraisal. Similar information is necessary for problem identification in appraisal review and appraisal consulting assignments.

 

Communication with the client is required to establish most of the information necessary for problem identification. However, the identification of relevant characteristics is a judgment made by the appraiser that requires competency in that type of assignment.

 

Assignment conditions include assumptions, extraordinary assumptions, hypothetical conditions, laws and regulations, jurisdictional exceptions, and other conditions that affect the scope of work.  Laws include constitutions, legislative and court-made law, administrative rules, and ordinances. Regulations include rules or orders, having legal force, issued by an administrative agency.

 

 

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USPAP 2008–2009 Edition
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Scope of Work Acceptability (SCOPE OF WORK RULE)

(note4 )

 

The scope of work must include the research and analyses that are necessary to develop credible assignment results.  

 

Comment: The scope of work is acceptable when it meets or exceeds:

  • the expectations of parties who are regularly intended users for similar assignments; and

  • what an appraiser’s peers’ actions would be in performing the same or a similar assignment.

Determining the scope of work is an ongoing process in an assignment. Information or conditions discovered during the course of an assignment might cause the appraiser to reconsider the scope of work.

 

An appraiser must be prepared to support the decision to exclude any investigation, information, method, or technique that would appear relevant to the client, another intended user, or the appraiser’s peers.

 

An appraiser must not allow assignment conditions to limit the scope of work to such a degree that the assignment results are not credible in the context of the intended use.

 

Comment: If relevant information is not available because of assignment conditions that limit research opportunities (such as conditions that place limitations on inspection or information gathering), an appraiser must withdraw from the assignment unless the appraiser can:

  • modify the assignment conditions to expand the scope of work to include gathering the information; or

  • use an extraordinary assumption about such information, if credible assignment results can still be developed.

 

An appraiser must not allow the intended use of an assignment or a client’s objectives to cause the assignment results to be biased.

 

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USPAP 2008–2009 Edition
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Disclosure Obligations (SCOPE OF WORK RULE)

The report must contain sufficient information to allow intended users to understand the scope of work performed.

 

Comment: Proper disclosure is required because clients and other intended users rely on the assignment results. Sufficient information includes disclosure of research and analyses performed and might also include disclosure of research and analyses not performed.

 

 

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JURISDICTIONAL EXCEPTION RULE

If any part of USPAP is contrary to the law or public policy of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction.

 

Comment: The purpose of the JURISDICTIONAL EXCEPTION RULE is strictly limited to providing a saving or severability clause intended to preserve the balance of USPAP if one or more of its parts are determined to be contrary to law or public policy of a jurisdiction. By logical extension, there can be no violation of USPAP by an appraiser disregarding, with proper disclosure, only the part or parts of USPAP that are void and of no force and effect in a particular assignment by operation of legal authority. It is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action.

As used in the JURISDICTIONAL EXCEPTION RULE, law means a body of rules with binding legal force established by controlling governmental authority. This broad meaning includes, without limitation, the federal and state constitutions; legislative and court-made law; and administrative rules, regulations, and ordinances. Public policy refers to more or less well-defined moral and ethical standards of conduct, currently and generally accepted by the community as a whole, and recognized by the courts with the aid of statutes, judicial precedents, and other similar available evidence. Jurisdiction refers to the legal authority to legislate, apply, or interpret law in any form at the federal, state, and local levels of government.  

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STANDARD 1: REAL PROPERTY APPRAISAL, DEVELOPMENT

 

In developing a real property appraisal, an appraiser must identify the problem to be solved, determine the scope of work necessary to solve the problem, and correctly complete research and analyses necessary to produce a credible appraisal.

 

Comment: STANDARD 1 is directed toward the substantive aspects of developing a credible appraisal of real property. The requirements set forth in STANDARD 1 follow the appraisal development process in the order of topics addressed and can be used by appraisers and the users of appraisal services as a convenient checklist.

 

Standards Rule 1-1

Standards Rule 1-2

Standards Rule 1-3

Standards Rule 1-4

Standards Rule 1-5

Standards Rule 1-6

 

 

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USPAP 2008–2009 Edition
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STANDARD 1: REAL PROPERTY APPRAISAL, DEVELOPMENT

 

In developing a real property appraisal, an appraiser must identify the problem to be solved, determine the scope of work necessary to solve the problem, and correctly complete research and analyses necessary to produce a credible appraisal.

 

Comment: STANDARD 1 is directed toward the substantive aspects of developing a credible appraisal of real property. The requirements set forth in STANDARD 1 follow the appraisal development process in the order of topics addressed and can be used by appraisers and the users of appraisal services as a convenient checklist.

 

Standards Rule 1-1

Standards Rule 1-2

Standards Rule 1-3

Standards Rule 1-4

Standards Rule 1-5

Standards Rule 1-6

 

 

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Standards Rule 1-2

 

In developing a real property appraisal, an appraiser must:
 

(a)

identify the client and other intended users; (note5 )
 

(b)

identify the intended use of the appraiser’s opinions and conclusions;(note6 )
 

 

Comment: An appraiser must not allow the intended use of an assignment or a client’s objectives to cause the assignment results to be biased. (note7 )  

 

(c)

identify the type and definition of value and, if the value opinion to be developed is market value, ascertain whether the value is to be the most probable price:
 

 

(i)

in terms of cash; or
 

 

(ii)

in terms of financial arrangements equivalent to cash; or
 

 

(iii)

in other precisely defined terms; and
 

 

(iv)

if the opinion of value is to be based on non-market financing or financing with unusual conditions or incentives, the terms of such financing must be clearly identified and the appraiser’s opinion of their contributions to or negative influence on value must be developed by analysis of relevant market data;

 

 

 

Comment: When developing an opinion of market value, the appraiser must also develop an opinion of reasonable exposure time linked to the value opinion. (note8)
 

(d)

identify the effective date of the appraiser’s opinions and conclusions (note9 )
 

(e)

identify the characteristics of the property that are relevant to the type and definition of value and intended use of the appraisal, (note10 ) including:
 

 

(i)

its location and physical, legal, and economic attributes;
 

 

(ii)

the real property interest to be valued;
 

 

(iii)

any personal property, trade fixtures, or intangible items that are not real property but are included in the appraisal;
 

 

(iv)

any known easements, restrictions, encumbrances, leases, reservations, covenants, contracts, declarations, special assessments, ordinances, or other items of a similar nature; and
 

 

(v)

whether the subject property is a fractional interest, physical segment, or partial holding;
 

 

 

Comment on (i)–(v): The information used by an appraiser to identify the property characteristics must be from sources the appraiser reasonably believes are reliable.

 

 

 

An appraiser may use any combination of a property inspection and documents, such as a physical legal description, address, map reference, copy of a survey or map, property sketch, or photographs, to identify the relevant characteristics of the subject property.

 

When appraising proposed improvements, an appraiser must examine and have available for future examination, plans, specifications, or other documentation sufficient to identify the extent and character of the proposed improvements.(note11 )

 

Identification of the real property interest appraised can be based on a review of copies or summaries of title descriptions or other documents that set forth any known encumbrances.

 

An appraiser is not required to value the whole when the subject of the appraisal is a fractional interest, a physical segment, or a partial holding.

 

(f)

Identify any extraordinary assumptions necessary in the assignment;
 

 

Comment: An extraordinary assumption may be used in an assignment only if:

  • it is required to properly develop credible opinions and conclusions;

  • the appraiser has a reasonable basis for the extraordinary assumption;

  • use of the extraordinary assumption results in a credible analysis; and

  • the appraiser complies with the disclosure requirements set forth in USPAP for extraordinary assumptions.

(g)

 

identify any hypothetical conditions necessary in the assignment.

 

Comment: A hypothetical condition may be used in an assignment only if:

  • use of the hypothetical condition is clearly required for legal purposes, for purposes of reasonable analysis, or for purposes of comparison;

  • use of the hypothetical condition results in a credible analysis; and

  • the appraiser complies with the disclosure requirements set forth in USPAP for hypothetical conditions.

(h)

 

determine the scope of work necessary to produce credible assignment results in accordance with the SCOPE OF WORK RULE. (note12 )

 

 

 

 

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Standards Rule 1-3

When necessary for credible assignment results in developing a market value opinion, an appraiser must:

 

(a)

identify and analyze the effect on use and value of existing land use regulations, reasonably probable modifications of such land use regulations, economic supply and demand, the physical adaptability of the real estate, and market area trends; and

 

 

Comment: An appraiser must avoid making an unsupported assumption or premise about market area trends, effective age, and remaining life.

 

(b)

develop an opinion of the highest and best use of the real estate.
 

 

Comment: An appraiser must analyze the relevant legal, physical, and economic factors to the extent necessary to support the appraiser’s highest and best use conclusion(s).

 

 

 

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Standards Rule 1-4

In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results.

(a)

When a sales comparison approach is necessary for credible assignment results, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.

 

(b)

When a cost approach is necessary for credible assignment results, an appraiser must: 

 

 

(i)

develop an opinion of site value by an appropriate appraisal method or technique; 

 

 

(ii)

analyze such comparable cost data as are available to estimate the cost new of the improvements (if any); and 

 

 

(iii)

analyze such comparable data as are available to estimate the difference between the cost new and the present worth of the improvements (accrued depreciation).

 

(c)

When an income approach is necessary for credible assignment results, an appraiser must:

 

 

(i)

analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property; 

 

 

(ii)

analyze such comparable operating expense data as are available to estimate the operating expenses of the property;

 

 

(iii)

analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and 

 

 

(iv)

base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.(note13 ) 

 

 

 

Comment: In developing income and expense statements and cash flow projections, an appraiser must weigh historical information and trends, current supply and demand factors affecting such trends, and anticipated events such as competition from developments under construction.

 

(d)

When developing an opinion of the value of a leased fee estate or a leasehold estate, an appraiser must analyze the effect on value, if any, of the terms and conditions of the lease(s). 

 

(e)

When analyzing the assemblage of the various estates or component parts of a property, an appraiser must analyze the effect on value, if any, of the assemblage.  An appraiser must refrain from valuing the whole solely by adding together the individual values of the various estates or component parts. 

 

 

Comment: Although the value of the whole may be equal to the sum of the separate estates or parts, it also may be greater than or less than the sum of such estates or parts. Therefore, the value of the whole must be tested by reference to appropriate data and supported by an appropriate analysis of such data. 

 

 

A similar procedure must be followed when the value of the whole has been established and the appraiser seeks to value a part. The value of any such part must be tested by reference to appropriate data and supported by an appropriate analysis of such data. 

 

(f)

When analyzing anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in market actions. 

 

(g)

When personal property, trade fixtures, or intangible items are included in the appraisal, the appraiser must analyze the effect on value of such non-real property items.

 

 

Comment: When the scope of work includes an appraisal of personal property, trade fixtures or intangible items, competency in personal property appraisal (see STANDARD 7) or business appraisal (see STANDARD 9) is required. 

 

 

 

 

 

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USPAP 2008–2009 Edition
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Standards Rule 1-4

In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results.

(a)

When a sales comparison approach is necessary for credible assignment results, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.

 

(b)

When a cost approach is necessary for credible assignment results, an appraiser must: 

 

 

(i)

develop an opinion of site value by an appropriate appraisal method or technique; 

 

 

(ii)

analyze such comparable cost data as are available to estimate the cost new of the improvements (if any); and 

 

 

(iii)

analyze such comparable data as are available to estimate the difference between the cost new and the present worth of the improvements (accrued depreciation).

 

(c)

When an income approach is necessary for credible assignment results, an appraiser must:

 

 

(i)

analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property; 

 

 

(ii)

analyze such comparable operating expense data as are available to estimate the operating expenses of the property;

 

 

(iii)

analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and 

 

 

(iv)

base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.(note13 ) 

 

 

 

Comment: In developing income and expense statements and cash flow projections, an appraiser must weigh historical information and trends, current supply and demand factors affecting such trends, and anticipated events such as competition from developments under construction.

 

(d)

When developing an opinion of the value of a leased fee estate or a leasehold estate, an appraiser must analyze the effect on value, if any, of the terms and conditions of the lease(s). 

 

(e)

When analyzing the assemblage of the various estates or component parts of a property, an appraiser must analyze the effect on value, if any, of the assemblage.  An appraiser must refrain from valuing the whole solely by adding together the individual values of the various estates or component parts. 

 

 

Comment: Although the value of the whole may be equal to the sum of the separate estates or parts, it also may be greater than or less than the sum of such estates or parts. Therefore, the value of the whole must be tested by reference to appropriate data and supported by an appropriate analysis of such data. 

 

 

A similar procedure must be followed when the value of the whole has been established and the appraiser seeks to value a part. The value of any such part must be tested by reference to appropriate data and supported by an appropriate analysis of such data. 

 

(f)

When analyzing anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in market actions. 

 

(g)

When personal property, trade fixtures, or intangible items are included in the appraisal, the appraiser must analyze the effect on value of such non-real property items.

 

 

Comment: When the scope of work includes an appraisal of personal property, trade fixtures or intangible items, competency in personal property appraisal (see STANDARD 7) or business appraisal (see STANDARD 9) is required. 

 

 

 

 

 

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Standards Rule 1-5

 

When the value opinion to be developed is market value, an appraiser must, if such information is available to the appraiser in the normal course of business: (note14 )
 

(a)

analyze all agreements of sale, options, and listings of the subject property current as of the effective date of the appraisal; and

 

(b)

analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. (note15 )  

 

 

Comment: See the Comments to Standards Rules 2-2(a)(viii), 2-2(b)(viii), and 2-2(c)(viii) for corresponding reporting requirements relating to the availability and relevance of information.

 

 

 

 

 

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Standards Rule 1-6

 

In developing a real property appraisal, an appraiser must:
 

(a)

reconcile the quality and quantity of data available and analyzed within the approaches used; and
 

(b)

reconcile the applicability or suitability of the approaches, methods, and techniques used to arrive at the value conclusion(s).

 

 

 

 

 

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STANDARD 2: REAL PROPERTY APPRAISAL, REPORTING

 

In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading.

 

Comment: STANDARD 2 addresses the content and level of information required in a report that communicates the results of a real property appraisal.

 

STANDARD 2 does not dictate the form, format, or style of real property appraisal reports. The form, format, and style of a report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance.

 

Standards Rule 2-1

Standards Rule 2-2

Standards Rule 2-3

Standards Rule 2-4

 

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