An appraiser testifying as an expert witness for a plaintiff feels pressure to shade the analysis toward the client's case. USPAP's position is:
Correct Answer
D) The appraiser must remain impartial; advocacy belongs to the attorneys
Why this is correct: Under USPAP, an appraiser's role is to provide an impartial opinion, not to advocate for a client's position. The original explanation states that an appraiser acting as an appraiser is never an advocate. The attorney's job is advocacy; the appraiser's testimony must be the same opinion that would be produced for either side. Why the other choices are wrong: "Litigation work is entirely exempt from the impartiality requirement" is false; USPAP applies equally to litigation assignments. "Advocacy is expected from any expert hired by one side" is incorrect; USPAP requires impartiality regardless of who hires the appraiser. "The appraiser may advocate if the fee is not contingent" is wrong; advocacy is prohibited, and contingent fees are also prohibited. Exam tip: Remember, the appraiser's duty is to impartiality; advocacy belongs solely to the attorneys.
Why This Is the Correct Answer
Why this is correct: Under USPAP, an appraiser's role is to provide an impartial opinion, not to advocate for a client's position. The original explanation states that an appraiser acting as an appraiser is never an advocate. The attorney's job is advocacy; the appraiser's testimony must be the same opinion that would be produced for either side. Why the other choices are wrong: "Litigation work is entirely exempt from the impartiality requirement" is false; USPAP applies equally to litigation assignments. "Advocacy is expected from any expert hired by one side" is incorrect; USPAP requires impartiality regardless of who hires the appraiser. "The appraiser may advocate if the fee is not contingent" is wrong; advocacy is prohibited, and contingent fees are also prohibited. Exam tip: Remember, the appraiser's duty is to impartiality; advocacy belongs solely to the attorneys.
More USPAP Questions
Which type of appraisal report may contain the appraiser's analyses, opinions, and conclusions but is intended for use by the client only?
How long must an appraiser retain the workfile for an appraisal assignment under USPAP?
If an appraiser uses a hypothetical condition that the subject property is 10% larger than it actually is, this must be:
Under Standard 1, when developing a real property appraisal, an appraiser must:
An appraiser accepts an assignment to appraise a specialized industrial property but has never appraised this property type before. To comply with the Competency Rule, the appraiser:
According to the Scope of Work Rule, the scope of work must be appropriate to the:
According to Standard 1, when developing an opinion of market value, an appraiser must analyze:
A lender emails: 'We need at least $450,000 to make this loan work — can you take the assignment?' Accepting on that basis is:
An appraiser is developing an opinion of market value for a 20-unit apartment building. The appraiser finds three comparable sales with the following information: Sale 1: 18 units, sold for $1,800,000; Sale 2: 22 units, sold for $2,200,000; Sale 3: 24 units, sold for $2,280,000. What is the average price per unit for these comparables?
In developing a scope of work, an appraiser must consider all of the following factors EXCEPT:
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