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Payment required before report delivery   Message List  
Reply Message #81187 of 126479 |
RE: [WinTOTAL Group] Payment required before report delivery

Just something to consider, it might be a USPAP issue under ethics if
an appraisal assignment was accepted, and the report not delivered.
The payment arrangements could be considered a supplemental standard,
and if not specified, would not be a reason for not delivering the
appraisal. Payment arrangements should always be stipulated in the
engagement letter. I have seen several disciplinary actions in
Florida under failure to deliver an appraisal, so it is an issue at
times, though not necissicarilly a USPAP issue. The payment
arraingements should always be stipulated in the engagement letter.
C.Y.A.


Tom Woolford
Woolford Appraisal
Serving Citrus and Southwest Marion County Florida
352-465-3664
fx 352-465-3665
thomaswoolford@...
woolfordappraisal.com








_____

From: Total2000UsersGroup@yahoogroups.com
[mailto:Total2000UsersGroup@yahoogroups.com] On Behalf Of Rick Fasano
Sent: Friday, November 03, 2006 6:13 PM
To: Total2000UsersGroup@yahoogroups.com
Subject: RE: [WinTOTAL Group] Payment required before report delivery



I AM SURE THAT YOUR FRIEND IS VERY WRONG. Payment is a business and
USPAP does not cover payment issues. USPAP may cover fee for value but
what you charge and when you charge it is not USPAP.

Rick Fasano

Peoria, AZ

________________________________

From: Total2000UsersGroup
<mailto:Total2000UsersGroup%40yahoogroups.com> @yahoogroups.com
[mailto:Total2000UsersGroup
<mailto:Total2000UsersGroup%40yahoogroups.com> @yahoogroups.com] On
Behalf Of tddarling
Sent: Friday, November 03, 2006 10:17 AM
To: Total2000UsersGroup <mailto:Total2000UsersGroup%40yahoogroups.com>
@yahoogroups.com
Subject: [WinTOTAL Group] Payment required before report delivery

I was having a conversation with a friend about requiring payment
before the delivery of an appraisal report. She told me that it is a
USPAP violation to "hold an appraisal for ransom". I asked her for
specifics which she could not provide. I did not think it was an
ethics violation to require payment before report delivery. If my
friend is correct and you cannot hold a report, are you in violation
if you accept an COD assignment from a mortgage company and the
homeowner does not have payment for you or gives you a bad check? Are
you still required to complete an assignment for which you can expect
to never be paid?

My understanding was it was not ethical to do something similar to
this hypothetical: Perform an appraisal of the Smith house for XYZ
Mortgage. Then tell XYZ Mortgage that you will not deliver the Smith
report until they pay you for the appraisal of the Jones house which
was done 6 months ago and for which you were never paid.

Am I wrong in my understanding? Is my friend wrong? Are we both wrong?
As always your input is appreciated.
Terry Darling
Darling Home Appraisals, LLC

[Non-text portions of this message have been removed]






[Non-text portions of this message have been removed]




Fri Nov 3, 2006 11:36 pm

thomaswoolford
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Message #81187 of 126479 |
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I was having a conversation with a friend about requiring payment before the delivery of an appraisal report. She told me that it is a USPAP violation to...
tddarling
Offline Send Email
Nov 3, 2006
5:24 pm

Terry; If you contracted to get paid prior to delivery and are just enforcing the terms of your contract, I see no USPAP violation. If you agreed to invoice ...
Stuart Fearer
sfearer
Offline Send Email
Nov 3, 2006
6:44 pm

I would go one step further and stipulate that payment for an appraisal report is a condition-precedent to justifiable reliance on that report. I insert the...
Charles Baker - Appra...
cbjbaker91101
Offline Send Email
Nov 3, 2006
8:12 pm

I AM SURE THAT YOUR FRIEND IS VERY WRONG. Payment is a business and USPAP does not cover payment issues. USPAP may cover fee for value but what you charge...
Rick Fasano
rfasano7001
Offline Send Email
Nov 3, 2006
11:17 pm

Just something to consider, it might be a USPAP issue under ethics if an appraisal assignment was accepted, and the report not delivered. The payment...
Thomas Woolford
thomaswoolford
Offline Send Email
Nov 3, 2006
11:50 pm

If I am working for a new client, I collect during the inspection and cash the check on my way back to the office. If the check is no good, why waste anymore...
James Shoe
jimshoe40
Offline Send Email
Nov 4, 2006
12:52 am

James, I agree 100%. But in the absence of a payment agreement, it could be a questionable issue. I also withhold completion if I get a bad check. I think we...
Thomas Woolford
thomaswoolford
Offline Send Email
Nov 4, 2006
1:07 am

Tom, I'm not sure about your first sentence. I think it's one thing if PAYMENT was accepted and report not delivered, but I think it's quite another to say ...
Michael S. Elliott
zonie_1
Online Now Send Email
Nov 4, 2006
3:06 am

This has got way too complicated. If you accept an assignment and do not specify a means of payment, you can not withhold the report pending payment. Period....
Thomas Woolford
thomaswoolford
Offline Send Email
Nov 4, 2006
3:30 am

Tom, Do you have a USPAP reference to your assertion that we have to deliver a report if payment method is not specified up front? I'd also contend that if a...
Michael S. Elliott
zonie_1
Online Now Send Email
Nov 4, 2006
3:42 am

OK, You win. I don't feel like arguing. My receivables are zero. I'm good. Tom Woolford Woolford Appraisal Serving Citrus and Southwest Marion County...
Thomas Woolford
thomaswoolford
Offline Send Email
Nov 4, 2006
3:59 am

I think we all agree that a written agreement up front is the best business practice. Sometimes we forget that the check itself is a form of an agreement....
James Shoe
jimshoe40
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Nov 4, 2006
8:11 am

I have to disagree with this example. Just because the borrower writes "paid in full" on the check does NOT mean it is paid in full. Anyone could use that old...
Don Pearsall
dppublishing
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Nov 4, 2006
9:38 am

Tom, I'm not "arguing" - I'm having a discussion. You're making an assertion that appraisers are legally "required" to do something and I don't find any ...
Michael S. Elliott
zonie_1
Online Now Send Email
Nov 4, 2006
1:37 pm

This trick was attempted many years ago by a seminar guru as a way to pay off your debts for pennies on the dollar. But it didn't stand up to legal standard...
Charles Baker - Appra...
cbjbaker91101
Offline Send Email
Nov 4, 2006
6:16 pm

There are probably many other legal reasons why someone could not 'scam' their creditors with something like this. However, if two individuals would like to...
James Shoe
jimshoe40
Offline Send Email
Nov 5, 2006
11:06 pm

You are partially correct. Just because the borrower writes "paid in full" on the check does not mean it is paid in full. However, by CASHING the check, you...
James Shoe
jimshoe40
Offline Send Email
Nov 5, 2006
11:05 pm

That is a business decision. In no way could it be considered a USPAP violation. The fee "amount" cannot be contingent upon the value. No one expects...
Chris Call, IFA, GAA
chriscall22150
Offline Send Email
Nov 3, 2006
7:12 pm
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