Appraisal Review and USPAP STANDARD 3

1. Chapter 2 Appraisal Review and USPAP STANDARD 3

2. Chapter Objectives • Upon completion of this chapter, the participant will be able to: • Discuss guidance of the ASB about appraisal review provided in Advisory Opinion 20. • Describe general competency obligations, including geographic competency and diligence. • Define assignment elements including, intended use, intended users, and purpose. • Discuss identification of relevant characteristics of work under review and scope of work.

3. Chapter Objectives continued • Upon completion of this chapter, the participant will be able to: • Explain issues related to identifying the effective date in an appraisal review. • Describe when extraordinary assumptions and hypothetical conditions may be used. • Differentiate between reviews that do and do not include reviewer’s own opinions. • Discuss appraisal review report requirements, including certification and report content.

4. Appraisal Review and STANDARD 3 • STANDARD 3 of USPAP is a dual-performance Standard, setting forth the general obligations of an appraiser performing an appraisal review respective to both development and reporting

5. Introduction to STANDARD 3 • Introduction to STANDARD 3: • In developing an appraisal review assignment, an appraiser acting as a reviewer 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 review. In reporting the results of an appraisal review assignment, an appraiser acting as a reviewer must communicate each analysis, opinion, and conclusion in a manner that is not misleading (USPAP 2012-2013 Edition) • (Bold added for emphasis.)

6. Introduction to STANDARD 3 continued • Comment: • STANDARD 3 is directed toward the substantive aspects of developing a credible opinion of the quality of another appraiser’s work that was performed as part of an appraisal or appraisal review assignment (USPAP 2014-2015 Edition) • Note: The subject of a review assignment most often is the review of an appraisal performed by another appraiser, or its elements. However, STANDARD 3 also applies to a review of all or part of a review assignment

7. Introduction to STANDARD 3 continued • Comment: • STANDARD 3 also addresses the content and level of information required in a report that communicates the results of an appraisal review assignment. STANDARD 3 does not dictate the form, format, or style of Appraisal Review Reports. The substantive content of a report determines its compliance (USPAP 2014-2015 Edition) • Note: The Comment clarifies that STANDARD 3 does not dictate the form, style, or format for a report. Also, there are no reporting options for Appraisal Review Reports, for example, such as those found for Real Property Appraisal Reports. All reports are identified as Appraisal Review Reports

8. Introduction to STANDARD 3 continued • Comment: • In this Standard, the term “reviewer” is used to refer to an appraiser performing an appraisal review (USPAP 2014-2015 Edition) • Note: The Comment clarifies that the term “reviewer” is used within the Standard to identify the appraiser that is performing an appraisal review assignment

9. Overview of Advisory Opinion 20 • Terminology • Appraisal Review - Used in USPAP to identify the activity of a reviewer in an appraisal review assignment • Terms: “review appraisal” and “review appraiser” are specifically and intentionally NOT used within STANDARD 3 to avoid confusion

10. Examples • The reviewer may develop and report an opinion as to the quality of another appraiser’s work and: • 1. Only state the corrective action to be taken by the appraiser with regard to curing any deficiency, leaving the client to decide whether to interact with the appraiser to accomplish the correction; or • 2. Act on behalf of the client to interact with the appraiser that prepared the original work to ensure any deficiency is appropriately corrected by that appraiser; or • 3. Make corrections to cure an error, such as a mathematical miscalculation, by showing what the calculation would have been if correct but without expressing the result as the reviewer’s own opinion of value...

11. Examples • A reviewer may develop and report an opinion as to the quality of another appraiser’s work; and 4. make corrections to cure a deficiency, expressing the result as the reviewer’s own opinion of value, which is to be developed within the same scope of work as was applicable in the assignment that generated the original work; or 5. make corrections to cure a deficiency, expressing the result as the reviewer’s own opinion of value, which is to be developed using a different scope of work than was applicable in the assignment that generated the original work; or 6. regardless of the appraisal review result, develop his or her own opinion of value using the same scope of work as was applicable in the assignment that generated the original work; or 7. regardless of the appraisal review result, develop his or her own opinion of value using a different scope of work than was applicable in the assignment that generated the original work

12. Standards Rules • STANDARD 3 contains seven Standards Rules • Rules 3-1 to 3-3 address development • Rules 3-4 to 3-7 address reporting

13. Standards Rule 3-1(a) • Contains requirements consistent with COMPETENCY Rule: • In developing an appraisal review, the reviewer must: • be aware of, understand, and correctly employ those methods and techniques that are necessary to produce a credible appraisal review (USPAP 2014-2015 Edition)

14. Standards Rule 3-1(a) continued • The Comment to Standards Rule 3-1(a) expands on the issue of competency and diligence: • Comment: [Paragraph 1] Changes and developments in economics, finance, law, technology, and society can have a substantial impact on the appraisal profession. To keep abreast of these changes and developments, the appraisal profession is constantly reviewing and revising appraisal methods and techniques and devising new methods and techniques to meet new circumstances. Each appraiser must continuously improve his or her skills to remain proficient in appraisal review (USPAP 2014-2015 Edition)

15. Standards Rule 3-1(a) continued • Of special interest is the second paragraph of the Comment that discusses geographic competency requirements of the reviewer, which is a much debated current topic: • Comment: [Paragraph 2] The reviewer must have the knowledge and experience needed to identify and perform the scope of work necessary to produce credible assignment results. Aspects of competency for an appraisal review, depending on the review assignment’s scope of work, may include, without limitation, familiarity with the specific type of property or asset, market, geographic area, analytic method, and applicable laws, regulations, and guidelines

16. Geographic Competency • USPAP Advice • Frequently Asked Question (FAQ): • Q: I have a client who has asked me to perform a desk review on an appraisal report for a property located in a different state. I have no knowledge of the real estate market in that state and have never even stepped foot there. Can I perform a USPAP-compliant appraisal review on this report?

17. Geographic Competency continued • ASB Response: • Yes. If you are engaged to determine whether or not the appraisal report under review complies with certain guidelines or standards, geographic competence is not typically relevant. Alternatively, review assignments that include evaluating the selection and adjustment of comparable sales typically require geographic competence. As in all assignments, an appraiser must identify the scope of work required for the assignment and determine if he or she has the knowledge and experience to complete the assignment competently

18. Geographic Competency continued • Example: • A reviewer on the west coast of the country might be able to determine if an appraisal report performed on the east coast is developed and communicated in compliance with USPAP. However, that same reviewer may not be geographically competent to determine if the analysis of market conditions and any resulting market condition adjustments are correct and appropriate

19. Geographic Competency continued • Some states have specific requirements related to geographic competency while others may not • Recognition of laws and regulations applicable to an assignment is an important step in problem identification

20. Standards Rule 3-1(b) continued • Standards Rule 3-1(b) is similar to development standards for other appraisal services: • In developing an appraisal review, the reviewer must: (b) not commit a substantial error of omission or commission that significantly affects an appraisal review

21. Standards Rule 3-1(b) continued • Comment [b]: • A reviewer must use sufficient care to avoid errors that would significantly affect his or her opinions and conclusions. Diligence is required to identify and analyze the factors, conditions, data, and other information that would have a significant effect on the credibility of the assignment results

22. Standards Rule 3-1(c) • Standards Rule 3-1(c) is similar to development standards for other appraisal services: • In developing an appraisal review, the reviewer must: (c) not render appraisal review services in a careless or negligent manner, such as making a series of errors that, although individually might not significantly affect the results of an appraisal review, in the aggregate affects the credibility of those results

23. Standards Rule 3-1(c) continued • Comment: • Perfection is impossible to attain, and competence does not require perfection. However, an appraiser must not render appraisal review services in a careless or negligent manner. This Standards Rule requires a reviewer to use due diligence and due care

24. Standards Rule 3-2 • Focuses on the development steps necessary in an appraisal review to: • Identify the problem to be solved • Determine the appropriate scope of work

25. Assignment Elements • Assignment elements identified in problem identification are: • Client and other intended users • Intended use of the reviewer’s opinions and conclusions • Purpose of the appraisal review • Work under review and its relevant characteristics • Effective date of the reviewer’s opinions and conclusions • Extraordinary assumptions and hypothetical conditions

26. Intended Users and Intended Use • Standards Rule 3-2(a) and (b) states: • In developing an appraisal review, the reviewer must: (a) identify the client and other intended users (b) identify the intended use of the reviewer’s opinions and conclusions • The term “intended use” refers to the use of the reviewer’s opinions and conclusions by the client and other intended users

27. Standards Rule 3-2(a) & (b) • Comment: • A reviewer must not: • allow the intended use of an assignment or a client’s objectives to cause the assignment results to be biased • advocate for a client’s objectives

28. Intended Use • Examples include but are not limited to: • Quality control • Audit • Qualification • Confirmation

29. Purpose • Standards Rule 3-2(c) establishes an appraiser’s obligation in identifying the purpose of the appraisal review and indicating whether the appraisal review assignment includes the reviewer developing his own: • Opinion of value • Review opinion

30. Work Under Review and Relevant Characteristics • Standards Rule 3-2(d) states the reviewer must: • (d) identify the work under review and the characteristics of that work which are relevant to the intended use and purpose of the appraisal review, including: (i) any ownership interest in the property that is the subject of the work under review (ii) the date of the work under review and the effective date of the opinions or conclusions in the work under review (iii) the appraiser(s) who completed the work under review, unless the identity is withheld by the client (iv) the physical, legal, and economic characteristics of the property, properties, property type(s), or market area in the work under review

31. Overview of Advisory Opinion 20 • How Purpose and Intended Use Affect Scope of Work • Section B of the advisory opinion provides examples for when an appraisal review assignment’s scope of work does and for when it does not include the reviewer developing his or her own opinions and conclusions

32. Examples • The reviewer may develop and report an opinion as to the quality of another appraiser’s work and: • 1. Only state the corrective action to be taken by the appraiser with regard to curing any deficiency, leaving the client to decide whether to interact with the appraiser to accomplish the correction; or • 2. Act on behalf of the client to interact with the appraiser that prepared the original work to ensure any deficiency is appropriately corrected by that appraiser; or • 3. Make corrections to cure an error, such as a mathematical miscalculation, by showing what the calculation would have been if correct but without expressing the result as the reviewer’s own opinion of value...

33. Examples • A reviewer may develop and report an opinion as to the quality of another appraiser’s work; and 4. make corrections to cure a deficiency, expressing the result as the reviewer’s own opinion of value, which is to be developed within the same scope of work as was applicable in the assignment that generated the original work; or 5. make corrections to cure a deficiency, expressing the result as the reviewer’s own opinion of value, which is to be developed using a different scope of work than was applicable in the assignment that generated the original work; or 6. regardless of the appraisal review result, develop his or her own opinion of value using the same scope of work as was applicable in the assignment that generated the original work; or 7. regardless of the appraisal review result, develop his or her own opinion of value using a different scope of work than was applicable in the assignment that generated the original work

34. Effective Date • Standards Rule 3-2(e) requires the reviewer, in developing an appraisal review assignment, to: • (e) identify the effective date of the reviewer’s opinions and conclusions

35. Extraordinary Assumptions and Hypothetical Conditions • Standards Rules 3-2(f) and 3-2(g) address the obligations regarding extraordinary assumptions and hypothetical conditions in a review assignment • Both Standards Rules are similar to the obligations found in the corresponding development Standard for a real property appraisal

36. Standards Rule 3-2 (f) • Standards Rule 3-2(f) obligates the reviewer when developing an appraisal review to: • (f) identify any extraordinary assumptions necessary in the review assignment

37. Standards Rule 3-2 (f) continued • Comment:An extraordinary assumption may be used in a review assignment only if: • it is required to properly develop credible opinions and conclusions • the reviewer has a reasonable basis for the extraordinary assumption • use of the extraordinary assumption results in a credible analysis and • the reviewer complies with the disclosure requirements set forth in USPAP for extraordinary assumptions

38. Standards Rule 3-2 (g) • Standards Rule 3-2(g) addresses an appraiser’s obligation in an appraisal review assignment to: • (g) identify any hypothetical conditions necessary in the review assignment

39. Standards Rule 3-2 (g) continued • Comment:A hypothetical condition may be used in a review 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 reviewer complies with the disclosure requirements set forth in USPAP for hypothetical conditions

40. Extraordinary Assumption • An assumption, directly related to a specific assignment, as of the effective date of the assignment results, 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

41. Extraordinary Assumption continued • The use of an extraordinary assumption is appropriate when the appraiser has a reasonable basis for his belief, but he is not certain • Disclosure of the use of an extraordinary assumption is required

42. Extraordinary Assumption continued • Comment: Other informationthat the appraiser could presume as fact, but of which he is uncertain, may include: • Legal or economic characteristics of the subject property • Conditions external to the property, such as market conditions or trends • Integrity of data used in an analysis

43. Extraordinary Assumption continued • Example • A common application of an extraordinary assumption is in the situation of an exterior-only (drive-by) appraisal. In this case, the appraiser does not inspect the interior of the subject property. If the appraiser has a reasonable basisand credible assignment results can be achieved, an extraordinary assumption may be used to approximate the characteristics of the subject property’s interior

44. Hypothetical Condition • A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis • Comment: Hypothetical conditions are 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

45. Hypothetical Condition continued • With a hypothetical condition, on the other hand, the appraiser knows that related circumstances or data being considered about the property are nottrue • Circumstances warranting the use of a hypothetical condition may be best described as “what if” situations

46. Hypothetical Condition continued • With a hypothetical condition, the appraiser is aware that the circumstances of how the property is being considered are not what actually existed on the effective date of the appraisal

47. Hypothetical Condition continued • Example • When an appraisal is performed for a proposed new construction with a current effective date. In this case, the appraiser is fully aware that on the current effective date, the structure is not yet built (hypothetical), but the appraiser completes the appraisal as if it were fully constructed (true). Hypothetical conditions must be prominently disclosed in the report, alerting the client and intended users that the circumstances considered were not actually present on the effective date

48. Hypothetical Condition continued • Other examples include: • Appraising a property “as-repaired” that has not been repaired on the effective date • Considering a completed addition to a property that has not been started on the effective date • Appraising a property with different zoning than exists on the effective date • Appraising a property that has environmental issues and considering that those the issues have been corrected on the effective date

49. Standards Rule 3-2 (h) • Standards Rule 3-2(h) reflects the obligations found in the SCOPE OF WORK RULE • In developing an appraisal review, the reviewer must: • (h) determine the scope of work necessary to produce credible assignment results in accordance with the SCOPE OF WORK RULE

50. Standards Rule 3-2 (h) continued • Comment:Reviewers have broad flexibility and significant responsibility in determining the appropriate scope of work in an appraisal review assignment • Information that should have been considered by the original appraiser can be used by the reviewer in developing an opinion as to the quality of the work under review • Information that was not available to the original appraiser in the normal course of business may also be used by the reviewer; however, the reviewer must not use such information in the reviewer’s development of an opinion as to the quality of the work under review