An ISA Member in the Far East

Khadinn Khan, ISA AM

I was the Chief Claims Adjuster and Risk Surveyor for AXA ART, the global art insurance specialist, in Asia, when I applied for ISA membership in 2016.

Art insurance is still a developing business in the region, where more collection owners or custodians elect to self-insure rather than taking up specialist coverage. I worked with a small team at AXA ART and was the only member with adequate art knowledge, therefore, I was tasked with the responsibility of verifying and approving the sum insured (on agreed value basis) of artworks proposed by brokers and clients on their insurance policies. People began to approach us with items which they thought were of high worth and wanted to insure, including items purchased many years ago or passed down to the family, and expected us to provide a solution or referral for valuation. These requests were particularly common when I was conducting risk surveys at clients’ homes. After a while, it became apparent that if I could add art appraisal expertise to my skill set, it would help to progress my career.

There are a very low number of professional art appraisers in Asia due to lack of demand. In Hong Kong, we have a low tax rate and a simple tax system that provides no tax relief for charitable donations, except for cash contributions. Additionally, estate duty has been abolished, so neither estate duty accounts nor clearance papers need to be filed. With no governmental requirements for appraisal, there is simply limited demand to support professional appraisal businesses. At the same time, China and Hong Kong have emerged dramatically as an art market and are now considered the world’s second largest, according to The Art Market 2018 report published by Art Basel and UBS. The lack of professional art appraisal service is hindering the growth of other financial services, such as art insurance and art-backed loans.

There is clearly enormous potential for appraisers in Asia, but what convinced me to obtain a formal education in art appraisal was my personal involvement in a unique damage claim.

Hong Kong Harborfront © Art Basel 

An auction house client reported a claim for damage to a Song dynasty ceramic vase that was on consignment to them. The damage was a hairline crack to the edge of the base. In these situations, restoration may not be the best option, as the market preference is to avoid alteration on minor damage. We agreed with the client and consignor to settle on a diminution of value basis. As there was no qualified appraiser available to take up the assignment, and because of an urgency to settle the claim, all parties agreed to a proposal of having two antique dealers inspect the damaged vase. Each dealer would separately suggest the percentage loss in value, then we would use the mean as the basis of settlement. In the end, both dealers came up with the exact same extreme percentage, which took everyone by surprise. They did not provide any reasoning or justification of their valuation, and were not obligated to. We had no option but to settle the claim accordingly. This experience motivated me to source an independent, transparent appraisal process for future claims in order to leave no party confused or suspicious. My research subsequently led me to ISA.

Attending ISA courses in Naperville turned out to be one of the best decisions I made for my career. First of all, it was achievable. I was able to start from scratch and complete the Core Course, the 15 Hour USPAP course and Fine Art course in three weeks. The courses were well structured, with visits to art museums and a printmaking studio. The classroom discussions were particularly lively and often based on real-life examples shared by fellow colleagues encountered in their daily businesses.

Coming home with my new credential, I was determined to spread the word and do what was necessary to promote good appraisal practices with the goal of raising overall personal property appraisal standards in the region. Using knowledge I gained through my ISA education, I was able to educate industry professionals and art collectors. I informed bankers and insurance professionals on what USPAP is and asked them to consider USPAP-compliant reports only for their insurance policies or lending out loans. For art collectors, I promote periodic appraisal as part of a good collection management program, together with a robust inventory system, maintaining good documentation of provenance and purchase records, a secure display/storage environment, and adequate insurance coverage. My message is that an appraisal report is essential for accounting and estate planning purposes, or if one wishes to secure loans using their art collection as collateral.

Lecture at Art Taipei Forum 2017

My ISA education helped me a great deal in improving communication with our claimants. Although I would not perform appraisal on damage claims that I directly handle, I could use my knowledge to guide loss adjusters to look for the correct data and comparables, seek opinions from the right experts to determine the settlement offer amount, as well as make sure their communication with the client is clear and appropriate. I demand that the loss adjusters demonstrate clearly how they arrive at the settlement offer. There are always brokers or clients who are dissatisfied with the offers, yet there has never been any complaint on the communication or lack of transparency since. Also, we’ve seen a significant drop in claim disputes for my department and my company was able to highlight our claims service as a selling point for our insurance products. I’ve also noticed in places where there is no local law governing personal property appraisal, highlighting USPAP and the ISA Code of Ethics always provide confidence to clients in knowing that the appraisals are being conducted in a responsible manner.

I would advise fellow appraisers living outside of the USA to try to attend courses on site or attend the ISA annual conference, Assets. One can feel isolated sometimes due to having few peers in the market, and for our profession, it is important to build a network of experts of different backgrounds and knowledge. Attending ISA courses or the Annual Conference is a great way to tap into the vast experience of fellow appraisers, and from my experience, they are always happy to share.

- Khadinn Khann, ISA AM, is an appraiser based on Hong Kong and has been a member of ISA since 2016. To learn more about ISA membership, visit the ISA website.

Tips for Writing a Great Appraisal Report

Libby Holloway, ISA CAPP

Members of ISA can give a wide range of answers when asked why they joined the organization. Popular answers are for networking, continued education, and taking advantage of name recognition. The less exciting but basic truth is that most of us joined ISA to learn how to write an appraisal report.

During the Core Course, students are instructed in what the required elements of a report are according to ISA and USPAP standards. Students practice developing the report by determining intended use and objective use, appropriate values to seek, and which markets to use. Checklists to help members include necessary information are provided, and students are required to present a successful report properly using these lessons in order to earn designations. Subsequent courses help members stay up to date on changes. Anyone with the designation of Member or above has all the information they need to write a good appraisal report - but do we all always follow through?

ISA does require that certain essential elements be included in reports created by members. After these elements are met, there is little direction in how they are expressed within the report. Here are a few common pitfalls (assuming the correct intended use, objective and approach to values are used) and how to avoid them:

• Adding confusing extra information. State the facts. In an effort to include required elements pertinent to the appraisal assignment, extra elements not needed for the intended use are sometimes included. This extra information can be confusing and misleading to the reader.


• Boilerplate boredom. I know it is easy to feel you've written the same report a hundred times but beware getting lazy with boilerplate text. Every assignment is individual, and nothing is more embarrassing than including information within a template that doesn't apply to the current client.


• Presenting correct information in a confusing manner. Following the order of items as they appear in the checklist might seem to cramp your individual creativity, but in reality, following the order helps you present information in a cohesive manner which makes it less confusing to your reader.


• Writing as if your client is a professional appraiser. Remember that your client, even if they are a collector or an attorney, is probably new to appraisal terminology. Make sure you fully define each concept within the cover document so that your reader understands what you are telling them. I suggest reading the completed report through your appraiser eyes to make sure it is compliant then through your client's eyes to make sure it is understandable.


• Making grammar and spelling mistakes. Make sure you properly edit your work or hire someone who can. Misspelled words and poor grammar dilute your report and give your readers the idea that you don't know what you are talking about even if you are an expert.


• Improper placement of the USPAP certification. ISA standards do not specify where the USPAP Certification must fall in the cover document. USPAP does require that it is signed by the appraiser/appraisers performing the appraisal. Put the statement in a place in your report where it is easily read and where your signature is affixed. It is fine to put the statement at the end of your cover document above the signature for the entire document. If anywhere else, it must have its own signature.


• Incomplete descriptions of items in the body of the report. Remember the rule of thumb that the reader should be able to pick out the item by your description whether or not a photo is included. Write the descriptions so that every intended user for the report can understand what you are describing. If you include a lot of descriptive terms that may be new to your user, include a glossary.


• Missing out on the bottom line. Your client is looking for the bottom line, don't hide it. Make sure you clearly express the values sought, markets analyzed along with their conditions, and make sure your values are easy to find.

In order to be seen as the professional you are, make sure that your report is a carefully prepared product. Never fail to check and re-check your final report no matter how anxious you are to collect the balance and move to the next project. Word of mouth is still the best advertising for your services and you want all those words said about you to be positive.

- Libby Holloway, ISA CAPP

USPAP Advisory Opinion 21: Valuation Services and Appraisal Practice

Meredith Meuwly, ISA CAPP
Director of Education

Your education team and I wanted to share some examples on how USPAP Advisory Opinion 21 applies to your business as you perform appraisals and valuation services. The examples below are taken from the USPAP FAQs, amended to relate to personal property appraisers, and explained how they affect you.

Example 1

Robert Agent is an individual who provides both brokerage and appraisal services. What are Robert’s obligations under USPAP when preparing a broker’s price opinion (BPO)?

Answer: USPAP provides flexibility for brokers/appraisers and others who have multiple professional roles.

If providing the service as an agent or broker, USPAP requires only that an appraiser must not misrepresent his or her role. In other words, if Robert was contacted by his client because he is an art consultant or broker and signing his report as a consultant or broker, then Robert need not comply with USPAP except to not misrepresent his role. If Robert is contacted by the client because he is known as an appraiser and is signing his report as an appraiser, then USPAP applies.

What does this mean for an ISA personal property appraiser?
Many ISA members wear multiple hats. You might be an art advisor, antique store owner, fine art gallery manager, estate sale person, auction house representative, broker, etc. The most important thing is that you let the client know up front what services you offer and how the services differ from one another. Once a client chooses a service, make it clear which hat you are wearing for that particular assignment. For example, if you offer art advisory services a client might hire you to advise them on what pieces of art to purchase for their collection. This assignment might involve market research, a suggested purchase price or price range for a particular item, negotiating a deal to purchase a piece of art, etc. In your role as an art advisor USPAP would not apply, except you could not misrepresent your role. However, if after purchasing the art the client then wants you to write an appraisal for insurance coverage you are undertaking a new assignment as an appraiser writing an appraisal. For this assignment, you must follow USPAP.

Example 2

Marie Vaughn has a diverse practice with a specialization in litigation services. She commonly aids attorneys in developing cross-examination strategies for expert witness testimony from appraisers. How does USPAP apply to Marie’s "litigation services?"

Answer: In order to determine Marie’s obligation, it is necessary to understand the nature of her role. If she is acting as an appraiser, her litigation services are part of appraisal practice. The PREAMBLE, the DEFINITIONS, the ETHICS RULE, the COMPETENCY RULE, and the JURISDICTIONAL EXCEPTION RULE will apply to the assignment. As an appraiser, Marie cannot act as an advocate for any party or issue.

If Marie’s services include providing an opinion of value, she must also comply with the appropriate appraisal standards (STANDARDS 7 and 8). If Marie’s services include providing an opinion about the quality of another appraiser’s work, the appraisal review requirements of STANDARDS 3 and 4 apply. If the service includes providing analysis, recommendation, or an opinion to solve a problem where an opinion of value is a component of the analysis leading to the assignment results, then Marie must comply with the ETHICS RULE, the COMPETENCY RULE and the JURISDICTIONAL EXCEPTION RULE for the entire assignment; and she must also comply with any applicable Rules and Standards if she performs an appraisal or appraisal review as part of the assignment.

On the other hand, if Marie provides litigation services as an advocate, then she is providing a valuation service outside of appraisal practice. When performing services outside of appraisal practice, Marie can act as an advocate and accept contingent compensation. The only USPAP obligation is that she not misrepresent her role. She must use care to distinguish her role from other roles that would carry an expectation of being impartial, objective, and independent, i.e., acting as an appraiser.

Marie may provide litigation services by either acting as an appraiser or acting as an advocate for the client’s cause; however, she must not perform both roles in the same case.

Plain English Please?
Sometimes, in the course of litigation, a judge will order an appraisal be performed of personal property. If you have been asked to provide an appraisal for litigation, then you must follow USPAP, specifically Standard Rules 7 & 8. Why? Because where the law requires an "appraisal" be done (for example, most states will require an "appraisal" by statute for probate), then you must act as an appraiser and follow USPAP. If you have been asked to review another appraiser’s appraisal report as an expert witness and submit that report in writing, you are also acting as an appraiser (See USPAP Standard Rules 3 & 4, the rules for Appraisal Review).

When acting as an appraiser, in either an appraisal or an appraisal review, you must maintain your neutrality. Being neutral does not mean that you cannot point out the flaws in another appraiser's report; in fact, that was what you were hired to do. Instead, it means that you must do so in a neutral and factual manner. If the other appraiser did not follow USPAP and claimed to do so in his or her report, simply state that. And, state how the failure to follow USPAP led to either flawed value conclusions or perhaps shows a lack of professionalism. Similarly, if providing values (i.e., an appraisal under Standard Rules 7 & 8), you can also remain neutral. One way to check yourself is to ask whether your final value conclusions would be different if you were working for the "other side." If your answer is no, then you are maintaining your neutrality.

Generally, if giving testimony or providing a written appraisal report that will be admitted into evidence, you should act as an appraiser and maintain your neutrality. First, expert witnesses are expected to be neutral. Of course, this does not always happen. But if the jury suspects an expert is acting as an advocate, their opinion will quickly be dismissed. Second, if a judge determines that the expert is acting as an "advocate" or "hired gun," the expert’s testimony will likely be disqualified. Finally, as an appraiser, and particularly as an expert witness, you have a reputation to protect. Every bit of testimony and every report that goes into a court can become part of the public record and available for anyone to see. That means when you get back on the stand in another case three years later, you should not be surprised if you are cross-examined on opinions that you gave in an earlier case. You cannot "flip" your opinion without good cause. The best way to do this is to remain neutral.

So, when would you be an advocate in litigation? In most instances you might act as an advocate (and NOT an appraiser) when you are acting behind the scenes and providing litigation services. For example, a law firm might hire you to give it opinions about an appraisal report, but not ask you to serve as an expert witness. An attorney might hire you to explain appraisal methodology to him or her and help draft cross-examination questions for an appraiser. Or, you might be hired to help one side develop a strategy for success in a complex case where the appraisal methodology might be particularly complicated. In these situations, you can act as an advocate. And, when acting as an advocate you CANNOT act as an appraiser because then you are not maintaining your neutrality.

Example 3

Chris Filo is an art appraiser and advisor who has an assignment to advise a client regarding a potential art purchase. The client has provided Chris with an asking price for the work. Chris has made the extraordinary assumption that the value provided is credible and will use that value as part of the analysis before making final recommendations. Which parts of USPAP apply to this assignment?

Answer: Chris must comply with the ETHICS RULE, the COMPETENCY RULE, and the JURISDICTIONAL EXCEPTION RULE for this assignment.

Because this assignment does not include an appraisal or appraisal review, neither the SCOPE OF WORK RULE nor the RECORD KEEPING RULE applies. In addition, there are no development or reporting standards applicable to this assignment.

What’s the message here?
Remember that if you are acting an appraiser and providing appraisal services (i.e. a valuation analysis without a full appraisal report), then you are still subject to the USPAP ETHICS RULE, the COMPETENCY RULE, and the JURISDICTIONAL EXCEPTION RULE. If you are an advisor and providing valuation services, then you must not misrepresent yourself.

Example 4

Jane Doe is an antique dealer who offers a variety of professional sales and advisory services to her clients. She is an antique dealer, consultant, authenticator, advisor, and is also a certified appraiser. Jane has been asked by a client to perform a service that is viewed by Jane and her client as a consulting service that relates to value, but is to be undertaken by her in the role of a broker/consultant, not as an appraiser. Which parts of USPAP apply to Jane in this assignment?

Answer: Individuals may fulfill different roles in different assignments. In general, USPAP applies only when an individual is acting as an appraiser. As long as it is clear that Jane is not performing as an appraiser, Jane’s only obligation when acting as a broker/consultant is stated in Conduct section of the ETHICS RULE, which states,


"An appraiser must not misrepresent his or her role when providing valuation services that are outside of appraisal practice."

What’s the take-home?
Remember that the "main purposes of USPAP are to protect the public and to promote public trust in the appraisal profession." This means that you must:

1. Make it clear up-front which hat you are wearing.
2. If you switch hats mid assignment, then it is a new assignment.
3. Properly advertise your services. If you currently advertise only as an appraiser, but perform other services, you should change how you are advertising your services. Why? Because if you advertise only as an appraiser, the public is calling you as an appraiser. If you then try to "switch hats," you will be misrepresenting yourself.

Meredith Meuwly, ISA CAPP,

The Importance of Continuous Learning for Appraisers

By Kelly Juhasz, ISA AM

Whether you’ve been an appraiser for 20 years or two years, acquiring new knowledge is important not only to your business but also to your own well-being. We often conveniently put this notion out of mind, but what truly and deeply motivates us isn’t money. It’s knowledge.

As a qualified appraiser, I am required to stay current with USPAP and ISA’s membership criteria, thus ensuring a high standard of appraisal service to the public. So, I am continuing to learn. But is being required to learn enough to keep me motivated and engaged? Not for me. I’m guessing it’s not enough for you either.

Why Keep Learning New Skills?

Many of you who know me as an appraiser likely don’t know that I am an expert in adult learning. For corporations and higher educational institutions throughout North America, I have designed courses and tools to increase performance and motivation in the workplace. I also have helped many arts organizations design programming to engage audiences and expand their purposes.

From a professional viewpoint, I would like to share three key factors that motivate students of all ages to continuously learn and acquire new skills.

1. Mastery: By building your competencies and skills, you can more easily establish credibility and trust with your clients, two critical components of the appraisal business. By gaining a deeper understanding within your current specialty or expanding your specialties, you will challenge and reward yourself with new knowledge and increased confidence.
   
2. Purpose: Acquiring new knowledge will help you solve problems for your clients and colleagues. By providing solutions, you will be heard and recognized for what you know. It will provide opportunities for new business and it will keep you relevant.
   
3. Enjoyment and Engagement: As an appraiser, you have a high degree of independence that most people in their work do not have. You have the control to direct your own learning in areas that interest you. You have choice. Create an environment for yourself that is rich, rewarding, and highly satisfying while running a successful appraisal business. 

Realizing successes focused on these three motivating factors starts with a commitment to continuing to learn and acquire new knowledge.

Five Ways to Continue Learning Right Now

Here are five ways to continue your learning in a meaningful way that you can do anytime as a member of ISA:

1. Volunteer with your local chapter, present at the ISA annual conference, or become an ISA Ambassador. By donating time and expertise in the appraisal community, you will learn from other appraisers. Together, you will solve a problem or create a quality event, workshop or working group and, in return, help to increase the overall expertise of all ISA members. (Purpose)
   
   
2. Add or expand your area of specialty. ISA offers many opportunities to expand your knowledge into other appraisal specialties. If you appraise art, you can take courses to learn more about prints or Asian art, or expand into antiques and modern furniture. I know that I prefer online and self-study courses so that I don’t incur travel expenses and don’t have to leave my office. The Foundation for Appraisal Education also offers annual scholarships for courses; don't hesitate to apply.
   
   Remember, everything works in cycles. Although some specialty areas seem to be shrinking, and though there may be objects you don’t currently receive many calls about, you’ll always have the chance to use your new knowledge. The cycle will change, market demand will increase for items, and you’ll be confident, armed with your new knowledge, and ready to apply it in your appraisal practice when those calls do come in. (Mastery)
   
   
3. Join a community board, advisory group or committee for an organization focused on your area(s) of specialty. We often think that we will be the ones providing the benefits by sharing our knowledge sitting as an expert, but, in fact, it works both ways. Getting involved will help you notice trends in the market, consumer interests and tastes, and also expand your list of contacts. It will also lead you to new business. You will find that you will learn and receive more than you give. (Enjoyment and Engagement)
   
   
4. Attend Chapter meetings and presentations. With the help of colleagues, for example, the Canadian Chapter of ISA features invited guest speakers as opportunities for new learning. And even more rewarding, fellow appraisers prepare detailed presentations based on their areas of expertise for other Chapter members. These presentations create a bridge between ISA members from across the country and from various specialties, and provide an opportunity to learn together and get to know each other better. There is nothing more challenging than presenting to a highly skilled and knowledgeable group like our appraiser colleagues. (Mastery and Engagement)
   
   
5. Increase your business skills. Find courses and programs directly tied to small business management, marketing and finance (such as calculating blockage discount equations). You will be able to focus your time on tasks that matter and learn when to bring in outside expertise that isn't your core strength. Also, check out the ISA Means Business! Toolbox for resources that can help you increase your business acumen. You will reduce your stress and enjoy running a business better. (Mastery and Enjoyment)

As an appraiser, you may feel like you are on your own, but with ISA, you are never alone.

Kelly Juhasz is an Accredited Member of the International Society of Appraisers, President of the Canadian Chapter, and a certified expert in adult learning. Her work in professional development has improved the performance of thousands of adults across North America and her appraisal knowledge is recognized by government agencies and cultural institutions nation-wide. She holds a Masters in Archival Science from Canada’s highest ranked university and a degree in Art History. She has worked on a range of artwork from Dutch Masters such as Rembrandt Harmenszoon van Rijn and Gerard Dou to contemporary works by William Kentridge and Peter Doig. Kelly was the winner of the 2017 ISA Rising Leader Award. 


Recommended Reading:
Pink, Daniel. (2009). Drive. Riverhead Books.


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