The Ethics Rule

~11 min read · Apply conduct, management and confidentiality — including what a client may never buy.

The Ethics Rule is USPAP's character test, organized in three sections — Conduct, Management, Confidentiality — and its most-tested lines are the absolute ones: no contingent fees tied to value, no misleading reports, no advocacy, and client confidences kept even from the client's rivals.

Conduct

An appraiser must perform assignments with impartiality, objectivity, and independence, without accommodation of personal interests — no advocacy for any party's cause, no predetermined opinions, no misleading reports, no bias. An appraiser must disclose in the report any current or prospective interest in the subject property or parties, and any services performed regarding the subject within the prior three years. Discrimination in developing or reporting (protected-class considerations affecting analysis) violates Conduct directly.

  • Impartial, objective, independent — never an advocate
  • Disclose interests and prior-3-years services on the subject
  • No predetermined values; no misleading acts

Management

The Management section bars contingent compensation: no fee tied to a predetermined value, a direction in value favoring the client, the amount of the value opinion, or the occurrence of a subsequent event (loan closing). It also requires disclosure of anything paid to procure the assignment (referral fees/procurement costs disclosed in the certification), and bars misleading advertising. Paying for assignments is permitted only with disclosure; lying in promotion never is.

  • No fees contingent on value, direction, or deal-closing
  • Procurement/referral payments disclosed in the certification
  • Truthful advertising only

Confidentiality

The appraiser must protect confidential information and assignment results: disclosed only to the client, persons authorized by the client, state enforcement/appraisal boards, duly authorized professional peer-review committees, and as required by law (subpoena). Telling a subsequent client what the property 'appraised at last month' breaches confidentiality — assignment results belong to the client who ordered them.

Worked example

A lender offers an appraiser a rush assignment: 'We need at least $500K to make this deal work — hit it and there's a $300 bonus, plus all our future work. Oh, and what did the place across the street appraise for when you did it in March?' Untangle the ethics.

The bonus 'if you hit $500K' is contingent compensation tied to a predetermined value — accepting the assignment on those terms violates Management outright; even the implicit future-work-for-cooperation framing is a Conduct threat to independence (the assignment can be accepted only with the condition rejected and independence intact). Naming a target before the analysis invites a predetermined-opinion violation if the appraiser lets it steer development. The March question: the neighboring appraisal's results are confidential assignment results belonging to that client — disclosure to this lender requires that client's authorization; casual sharing breaches Confidentiality. Three sections of the Ethics Rule, one phone call.

Common exam pitfalls

Accepting 'reasonable' value-contingent bonuses.

ANY fee tied to value, direction, or deal outcome violates Management — size and reasonableness are irrelevant.

Forgetting the three-year prior-services disclosure.

Any service on the subject within three years — appraisal, consult, brokerage — must be disclosed in the certification.

Sharing old results with new clients.

Assignment results are confidential to the ordering client — new users need that client's authorization or legal process.

Conduct keeps you honest, Management keeps you unbought, Confidentiality keeps you quiet.

Recap

  • Impartiality, objectivity, independence; advocacy prohibited
  • Disclose property/party interests and prior-3-year services
  • No contingent fees on value, direction, or subsequent events
  • Procurement payments disclosed; advertising truthful
  • Results shared only with client, authorized parties, boards, peer review, or by law
  • Discriminatory development/reporting violates Conduct
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