2016-17 USPAP Changes

Overview:
• Revisions to the Record Keeping Rule
• Revisions to STANDARD 3
• Revision to the Definition of "Assignment Results"
• Revision to the Confidentiality Section of the ETHICS RULE
• Edits Related to Exposure Time
• Retirement of all STATEMENTS ON APPRAISAL STANDARDS
• Revision/Creation of Advisory Opinions





Revisions to the Record Keeping Rule Permalink

A revision was made to clarify that appraisers/reviewers “must retain true copies of ALL written reports in the workfile.” Don’t overwrite those pdf’s – save a copy of every generation of the report delivered to the Client.

Edits were made to clarify that “data and information” (in addition todocumentation) may be included in the workfile, by referring to its location elsewhere. This includes items of which the appraiser may not have physical custody.

Note: While the Forward to the 2016-17 USPAP Document and other related material refer to “Revisions to the DEFINITION of “Report” and to the RECORD KEEPING RULE”, changes to the definition of Report were not adopted.

Revisions to STANDARD 3 Permalink

Revisions were made that eliminate the requirement to identify and report the effective date of an appraisal review. Three dates are still required to be reported in an appraisal review in order to identify the perspectives of the original appraiser and the reviewer. The 2016-17 requirements:

• Identify the effective date of the opinions or conclusions in the work under review
• Identify the report date (signature date) of the report under review
• State the date of the appraisal review report


Revision to the Definition of “Assignment Results” and to the Confidentiality Section of the ETHICS RULE Permalink

Changes were made to the “Assignment Results” definition in order to make clear thatappraisers may share non-confidential information with other appraisers. This is meant to facilitate higher-quality appraisals by allowing the exchange of information.

The language specifically states “Physical characteristics are not ASSIGNMENT RESULTS.”

Additionally, the ASB added two paragraphs to the Confidentiality Section of the ETHICS RULE to help ensure that anyone who may have access to confidential information or assignment results is made aware of the prohibitions on disclosure of such information or results. The new language says this:

“An appraiser must take reasonable steps to safeguard access to confidential information and assignment results by unauthorized individuals, whether such information or results are in physical or electronic form.”

“An appraiser must ensure that employees, co-workers, sub-contractors, or others who may have access to confidential information or assignment results, are aware of the prohibitions on disclosure of such information or results.”

Revision to Reporting Standards Permalink

The ASB adopted language similar to what was previously included in Statement #9 requiring that anytime the Client’s identity is withheld from the Report, the Appraiser must retain the Client’s name in the workfile and state in the report that the Client’s name was withheld at the request of the Client. The requirement applies to all Reporting Standards in USPAP, whether or not the report is an Appraisal Report or a Restricted Appraisal Report.

“State the identity of the client, unless the client has specifically requested otherwise; state the identity of any intended users by name or type;”

“Comment: An appraiser must use care when identifying the client to avoid violations of the Confidentiality section of the ETHICS RULE. If a client requests that the client’s identity be withheld from the report, the appraiser may comply with this request. In these instances, the appraiser must document the identity of the client in the workfile and must state in the report that the identity of the client has been withheld at the client’s request.”

Edits Related to Exposure Time Permalink

Past editions of USPAP required that the Appraiser develop an opinion of “Reasonable Exposure Time” whenever “exposure time” was a component of the value definition being utilized in the assignment. There may be times when exposure time (but not “reasonable” exposure time) may be a component of the value definition, and in those cases it would not be consistent or logical to develop an opinion regarding “reasonable exposure time” as the opinion about exposure time should be consistent with the value definition.

The revised comment is this:
“Comment: When reasonable exposure time is a component of the definition for the value opinion being developed, the appraiser must also develop an opinion of reasonable exposure time linked to that value opinion.”

Retirement of all STATEMENTS ON APPRAISAL STANDARDS Permalink

Because of their location after STANDARD 10, many appraisers completely forgot about the existence of the STATEMENTS. Also, the ASB felt that much of the material was actually “guidance” and not USPAP “requirements.” For these reasons, and to make the document more user-friendly, any actual “requirements” were move to other (more appropriate) locations within USPAP, and the material considered “guidance” was reissued as new Advisory Opinions (see below).


Revision/Creation of Advisory Opinions Permalink

Material from the retired STATEMENTS, which was considered to be “guidance” was reissued in the form of new or revised Advisory Opinions. Additionally, some of that material was updated to reflect current practices and terminology. The changes consist of…

Revisions to ADVISORY OPINION 7: Marketing Time Opinions
Creation of ADVISORY OPINION 33: Discounted Cash Flow Analysis
Creation of ADVISORY OPINION 34: Retrospective and Prospective Value Opinions
Creation of ADVISORY OPINION 35: Reasonable Exposure Time in Real and Personal Property Opinions of Value
Creation of ADVISORY OPINION 36: Identification and Disclosure of Client, Intended Use, and Intended Users

Edits were made to USPAP and all guidance material including other ADVISORY OPINIONS and FAQ’S, as appropriate, in order for this material to reflect the changes above. The details of all changes can be found on The Appraisal Foundation’s website in a document entitled 2015 Summary of Actions Related to Proposed USPAP Changes.




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