27.          Appraisal fee is contingent on the appraised value

 

Question:

A potential client has asked me to complete a form indicating what my appraisal fees would be for different assignments.  The form asks me to indicate my appraisal fees according to appraised value, e.g., to list the fee for assignments with appraised values between $100,000 and $299,000, $300,000 to $499,000, etc.  Is it a violation of USPAP to quote fees in this manner?

 

Response:

Yes.  This is in violation of USPAP. Completing and submitting such a form to a potential client establishes a compensation arrangement for assignments that is contingent on the amount of the value opinion. This is prohibited by the Management section of the ETHICS RULE, which states, in part:

 

 

 

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. (Bold added for emphasis)

 

 

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USPAP 2008–2009 Edition
©The Appraisal Foundation