1. An appraiser must not
misrepresent his or her role when providing valuation services that are
outside of appraisal practice.
2. An appraiser must
perform assignments ethically and competently in accordance with USPAP and
any supplemental standards agreed to by the appraiser in accepting the
assignment.
3. An appraiser must not
engage in criminal conduct.
4. An appraiser must
perform assignments without partiality. He or she must have objectivity
and independence, and be without accommodation of personal interest.
5. In appraisal
practice, an appraiser must not perform as an advocate for any party or
issue.
6. An appraiser must not
accept an assignment that includes the reporting of a pre-determined
opinion or conclusion.
7. An appraiser must not
communicate assignment results in a misleading or fraudulent manner.
8. 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.
9. An appraiser must not
use or rely on unsupported conclusions relating to characteristics such as
race, color, religion, national origin, gender, marital status, family
status, age, receipt of public assistance income, handicap, or an
supported conclusion that homogeneity of such characteristics is necessary
to maximize value.
10. The payment of
undisclosed fees, commissions or things of value in connection with the
procurement of an assignment is unethical.
11. It is unethical for
an appraiser to accept compensation for performing an assignment when it
is contingent upon:
(a) the reporting of a
predetermined result;
(b) a direction in assignment results that favors the cause of a client;
(c) the amount of a value opinion;
(d) the attainment of a stipulated result; or
(e) the occurrence of a subsequent event directly related to the
appraiser’s opinions and specific to the assignment’s purpose.
12. It is unethical for
an appraiser to advertise for, or solicit assignments, in a manner that is
false, misleading or exaggerated.
13. An appraiser must
protect the confidential nature of the appraiser-client relationship.
14. An appraiser must
act in good faith with regard to legitimate interest of the client and the
use of confidential information and in the communication of assignment
results.
15. An appraiser must be
aware of and comply with all confidentiality and privacy laws and
regulations applicable in an assignment.
16. 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; or a duly authorized professional peer
review committee except when such disclosure to a committee would violate
applicable law or regulation.
17. It is unethical for
a member of a duly authorized professional peer review committee to
disclose confidential information presented to the committee.
18. An appraiser must
prepare a work file for each appraisal. The file 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.
19. An appraiser must
retain the work file 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 testimony was given, whichever period expires
last, and have custody of his or her work file, or make appropriate work
file retention, access and retrieval arrangements with the party having
custody of the work file.
20. An appraiser must
disclose the lack of knowledge and/or experience to the client before
accepting the assignment, take all necessary steps appropriate to complete
the assignment competently, and describe the lack of knowledge and/or
experience and the steps taken to complete the assignment competently in
the report.
21. The appraiser
must disclose any interest the appraiser has in any item(s) being
appraised.