Question:

When does the JURISDICTIONAL EXCEPTION RULE apply in an assignment?

Response:

The JURISDICTIONAL EXCEPTION RULE exempts appraisers from the part or parts of USPAP that are contrary to the law or public policy of a particular jurisdiction. The Rule applies anytime there is a conflict between the requirements of USPAP and the applicable law or public policy requirements of a jurisdiction.  Appraisers using the JURISDICTIONAL EXCEPTION RULE must properly disclose the legal authority justifying the exemption of part or parts of USPAP that are contrary to law.

The JURISDICTIONAL EXCEPTION RULE includes language that helps appraisers recognize “law,” “public policy,” and “jurisdiction.”  However, in every case, it is ultimately the responsibility of the appraiser, and not the client or other intended users, to determine whether the use of the JURISDICTIONAL EXCEPTION RULE is appropriate.