When invoking a jurisdictional exception, an appraiser must:
Correct Answer
C) Identify the law or regulation that requires it
A jurisdictional exception arises only when applicable law or regulation prevents compliance with a specific USPAP part. Identify and cite the authority and the affected part, comply with the remainder, and make the required report disclosure. Client preference or general inconvenience is insufficient.
Why This Is the Correct Answer
Option C is correct because the Jurisdictional Exception Rule requires the appraiser to identify the law or regulation that precludes compliance with USPAP, comply with it, clearly disclose the part of USPAP voided, and cite the law or regulation in the report. Clearly identifying the law requiring the exception is the core of that duty.
Why the Other Options Are Wrong
Option A: Get permission from the state appraisal board
Option A is wrong because getting permission from the state appraisal board is not a step in the rule. The exception arises from the law or regulation itself, not from board approval.
Option B: Use it for federal assignments and no others
Option B is wrong because jurisdictional exceptions are not limited to federal assignments. Any applicable law or regulation, such as a state or local one, can create an exception.
Option D: File a formal request with the Appraisal Standards Board
Option D is wrong because there is no requirement to file a formal request with the Appraisal Standards Board. The appraiser applies the rule directly by identifying, complying with, disclosing and citing the law.
Identify, comply, disclose, cite
For a jurisdictional exception: identify the law, comply with it, disclose the voided USPAP part and cite the law in the report.
How to use: Use these four verbs to check answers on jurisdictional exceptions.
Exam Tip
Options requiring outside approval or filings are distractors; the rule is applied by the appraiser and disclosed in the report.
Common Mistakes to Avoid
- -Thinking board or ASB approval is needed
- -Believing exceptions only apply to federal work
- -Treating client preference as grounds for an exception
Concept Deep Dive
Analysis
This question tests the Jurisdictional Exception Rule. A jurisdictional exception applies only when a law or regulation precludes compliance with part of USPAP. The appraiser must identify the law, comply with it, disclose the voided part of USPAP and cite the law in the report.
Background Knowledge
The Jurisdictional Exception Rule preserves the rest of USPAP when part of it is voided by law or regulation. Only the part actually precluded is voided; the appraiser complies with the remainder. Client preference or general inconvenience does not create a jurisdictional exception.
Real-World Application
In an eminent domain assignment, a statute requires the appraiser to disregard a factor that USPAP would otherwise require considering. The appraiser identifies the statute, follows it, discloses which part of USPAP is voided and cites the statute in the report. The rest of the assignment still complies with USPAP.
More USPAP Questions
Under USPAP, what are assignment results?
The certification required by Standards Rule 2-3 must be signed by:
Under 2024 USPAP, which statement correctly combines the requirements for an oral real property appraisal report and its workfile?
An appraiser accepts an assignment involving a property type the appraiser has valued once before, years ago. Competency requires:
A Certified General appraiser is asked to value a specialized industrial property for the first time. The appraiser knows a competency gap exists before agreeing to the assignment. What is required if the appraiser proceeds?
Under 2024 USPAP Standard 1, which listed assignment element must be identified in developing a real property appraisal?
An appraiser provided an appraisal of the same property for another client 18 months ago. No confidentiality obligation prevents disclosing the fact of that service. Before agreeing to a new assignment, the appraiser must:
According to USPAP, what is the primary purpose of the Ethics Rule?
An appraiser is asked to determine 'fair market value' for an assignment. According to USPAP, the appraiser should:
Which list gives the sections of the 2024 USPAP Ethics Rule?
People Also Study
Real Estate Market
13.6% of exam
Property Description
11.8% of exam
Land or Site Valuation
4.5% of exam
Sales Comparison Approach
16.4% of exam
Cost Approach
13.6% of exam