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USPAPMEDIUM18.2% of exam

An appraiser pays a firm a fee specifically for obtaining this assignment, with no other legal prohibition assumed. What USPAP disclosure is required?

Correct Answer

A) Disclose it in the certification and any transmittal letter with conclusions

For this assignment-specific procurement payment, the Management section requires disclosure in certification and in a letter of transmittal stating conclusions if one is used. General advertising expenses are not automatically identical to a fee paid to obtain a particular assignment. Disclosure does not cure an otherwise unlawful payment.

Answer Options
A
Disclose it in the certification and any transmittal letter with conclusions
B
Keep it private, since procurement payments are a business matter
C
Decline the assignment, since any paid referral channel is prohibited
D
Reduce the client’s invoice by the full amount that was paid to obtain the work

Why This Is the Correct Answer

Option A is correct because USPAP requires an appraiser to disclose a fee or commission paid in connection with procuring an assignment. The disclosure must appear in the certification and in any transmittal letter in which conclusions are stated. Because the stem assumes no other legal prohibition, disclosure is the required response.

Why the Other Options Are Wrong

Option B: Keep it private, since procurement payments are a business matter

Option B is wrong because keeping the payment private as a business matter conflicts with the express disclosure requirement. A fee paid to obtain a particular assignment must be disclosed in the certification and any transmittal letter stating conclusions.

Option C: Decline the assignment, since any paid referral channel is prohibited

Option C is wrong because USPAP does not prohibit every paid referral channel; it requires disclosure of procurement payments. Separate laws may restrict such payments, but the stem assumes no other legal prohibition applies.

Option D: Reduce the client’s invoice by the full amount that was paid to obtain the work

Option D is wrong because reducing the client's invoice by the full amount paid to obtain the work is not a USPAP requirement. The obligation is disclosure, not a refund or fee adjustment.

Paid to get it? Certify it

If you paid to get the assignment, say so in the certification and in any transmittal letter stating conclusions.

How to use: Use this to recall both locations for a procurement-fee disclosure.

Exam Tip

Note whether the stem assumes no other legal prohibition; if it does, the USPAP answer is disclosure rather than refusal.

Common Mistakes to Avoid

  • -Thinking procurement fees are a private business matter
  • -Assuming USPAP itself bans all paid referrals
  • -Putting the disclosure only in the workfile rather than the certification

Concept Deep Dive

Analysis

This question tests the Ethics Rule's Management section on payments made to procure an assignment. Assuming no other law prohibits it, the payment is permitted but must be disclosed. Know where the disclosure goes: the certification and any transmittal letter in which conclusions are stated.

Background Knowledge

The Ethics Rule addresses conduct, nondiscrimination, management and confidentiality; record keeping is covered by the separate Record Keeping Rule. The Management section covers payments for procurement of assignments and requires their disclosure. General advertising expenses are not automatically the same as a fee paid to obtain a specific assignment, and disclosure does not make an otherwise unlawful payment acceptable.

Real-World Application

An appraiser pays a lead-generation firm a fee for each assignment it refers, and one such referral becomes a valuation for an estate. The appraiser includes a statement in the signed certification that a fee was paid to obtain the assignment. The transmittal letter that states the value conclusion carries the same disclosure.

procurement feeEthics RuleManagementcertificationtransmittal letterdisclosure
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