A Really Scary Halloween Story

Kirsten RabeSmolensky,
JD, ISA CAPP

Recent question:
Does my report meet USPAP requirements and the ISA report writing standards? I copied the template in the Core Course manual.

Response:
One of the scariest creatures that I have ever met is the dreaded TEMPLATE MONSTER!! She sneaks into appraisers' templates, making little changes or gnawing at key words necessary for one appraisal and not another, ultimately making items from the ISA checklist disappear. She appears in an appraisal report in the form of unclosed parentheses (example below), or in useless paragraphs that have no particular relevance to the report at hand. Worst of all, she makes appraisers think that they do not need to use their brains! Oh my!! And, while the template monster can sometimes just take a nibble out of your report, sometimes she bites REALLY HARD and leaves big gashes in your USPAP compliance, appraisal methodology, or justified reasoning. OUCH!!

Even if you are using a template that meets USPAP and ISA report writing standards, you need to edit it for EVERY report EVERY time. Each appraisal report is unique, and no two reports should ever be exactly the same. Even with a really good template, you should know that every appraisal report you write will have different requirements. That is why there is a list of items on the ISA checklist that only apply "if applicable." USPAP clearly states that an appraiser must "perform the scope of work necessary to develop credible assignment results." The scope of work will differ for every appraisal report. Therefore, an appraiser needs to understand what they are doing and adjust any template accordingly. Borrowing a template will not guarantee that you are doing a report correctly. This is a common misconception. Instead, as one of my favorite high school teachers used to say, "You need to put on your thinking cap!" This is particularly true when writing your market analysis, choosing your effective date, listing the intended users of the report, etc.

"What were you thinking?"

And for goodness' sake, when copying the USPAP certification statement, PLEASE remove the parentheses. The appraiser needs to make a choice. The sample certification statement provided in Standard 8 of USPAP is an excellent place to start and ISA suggests that you copy it word for word into your templates. BUT THEN, you need to edit it. For example, USPAP Standards Rule 8-3 reads in part:

I have no (or the specified) present or prospective interest in the property that is the subject of this report and no (or the specified) personal interest with respect to the parties involved.

I have performed no (or the specified) services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 

You need to either take out the language in the parentheses or explain what your interest was. Did you previously appraise the items for an estate and now you are doing an insurance appraisal of certain items for one of the heirs? Did sell the item to your client two years ago and now you are doing an insurance appraisal? Is the client a friend? Have you discussed with the client the possibility of selling this item at your auction house? If so, then you need to disclose that information in your USPAP certification statement, and this is the perfect place to do it. Change that template!

So this Halloween, make every effort to bust those monsters and ghosts.

Helpful Hints for Avoiding the Template Monster:

1. Create one good template for every intended use you regularly do. If you add a new intended use to your repertoire, then save a copy as a template.
2. Highlight, italicize, or bold all parts of the template that should be revised for every appraisal. This includes your paragraph on market analysis. In fact, instead of having any language there you might just have a paragraph that reads "INSERT MARKET ANALYSIS."
3. After you complete the appraisal report, make sure that you set it aside for a day or two (or at least overnight) and then give it a fresh read from start to finish before you send it out. It is horribly embarrassing (and scary) to send out a report where you fail to edit your template.

Now, go get that template monster!!

Happy Halloween from all of us at ISA!

- Kirsten Rabe Smolensky, JD, ISA CAPP

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,

ASK AN INSTRUCTOR: Is my expert witness report of an appraisal USPAP compliant?

ISA members are invited to send in their questions on all things appraising and education to Leon Castner, ISA CAPP. Leon, or one of ISA's other instructors, will share answers on the ISA Now Blog. Please send questions to leoncastner@comcast.net.

Question: I'm being considered for an expert witness assignment. My expert report in this case would not be an appraisal. A small part of the project would be to confirm the data and approach contained in an existing appraisal report on the subject.

Since my report will not be an appraisal, I do not want to perform a formal USPAP appraisal review of the existing report. I would like to speak to the data contained in the report and the approach. I feel the approach was solid. I reviewed the data and found it credible.

Would I be violating USPAP by referencing the report without performing a formal USPAP compliant review? My intention would be to disclose that referencing the data contained in the report is not, and should not be considered to be a review.

Answer: If you are reviewing someone else’s appraisal report, it is an appraisal review and must conform to USPAP. This could include a review of partial parts of the report, the methodology, the principles, the “approach,” and/or the valuation itself. It doesn’t have to include the entire report and may not even cover the valuation section, but it is still an appraisal review. According to FAQ #294 (page 353), an appraisal review is:

The act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal or appraisal assignment. 

The keys to understanding whether this is an appraisal review rather than a consultation or something else is:

• Was the work under review an appraisal? 
• Was the work performed as an appraisal or appraisal review? 

If you were asked to review a market data summary or any document that did not include any opinion(s) of value, it would not be called an appraisal review. You could do that without conforming to USPAP 3, 7, or 8, but you would still be under certain portions of USPAP, i.e. Definitions, Preamble, Ethics, Competency, and Jurisdictional Exception rules.

ASK LEON: When a personal property appraisal has been done for an insurance coverage, how many years before it needs to be re-appraised?

ISA members are invited to send in their questions on all things appraising and education to Leon Castner, ISA CAPP. Leon will share his answers on the ISA Now Blog. Please send questions to leoncastner@comcast.net.

Question: I have a question for you. When a personal property appraisal has been done for an insurance coverage, how many years before it needs to be re-appraised? And would a new appraisal raise the amount of the insurance premium?

Answer: Insurance coverage appraisals are done to provide adequate coverage of personal property either not covered under a standard homeowner policy or to establish a set amount of recovery in the event of a loss. The insurance company uses the amounts to set premiums to that end. Since most policies are in effect for one year, the amounts will remain in place for the stated amount until the anniversary when a new policy is issued or renewed. At that time the owner may wish to revise the coverage if a new appraisal is done, but most slide along, using the same figures assuming their coverage is still adequate.

If the economy or the markets are stable, this has proved to be somewhat acceptable, although not ideal. One can continue using the same appraisal amounts until the insurance company requests an update or they themselves institute a change. As far as I know, most insurance companies have their own internal standards for how long an appraisal can be utilized. (I’ve heard of people using the same appraisal amounts for up to seven years before changing.)

If there is industry guidance, it seems to be that three years is a good allotment, although, I haven’t seen this in writing. This makes sense in a slow moving economy where prices are rising only slightly per year. It does not make sense, however, in a volatile or fluctuating market where prices are rising or falling due to many reasons. If the market is widespread, such as the downturn in 2008, it would be wise to suggest an appraisal update on almost every item. On the other hand, if only some of the items are affected, then only they need to be appraised. For example, silver prices may fluctuate wildly and coverage amounts from a year ago may not be sufficient today, or vice-versa. Certain art may escalate rapidly due to the death of an artist, special gallery showings, or record prices at auction. It would be prudent to revise those appraisals as well.

Some insurance companies now have in place special coverage which will actually pay a homeowner up to 150% of the stated coverage amounts in the event of a loss. Others may increase coverage amounts on an annual basis at a stated amount. It might be wise to advise your client to check on their type of policy and how coverage is handled.

The best advice is to have clients check their coverage and appraisals every year, even if no revisions are made or suggested. Most will not.

An updated appraisal does not necessarily mean higher premiums – even if the stated amounts have risen. The insurance company may have changed their rates and lowered certain categories. They may have lifted restrictions. They may have designed new pricing features and add-ons. One never knows.

If I were an astute appraisal marketer, I would probably design a letter to go out automatically at the anniversary of every client’s appraisal suggesting that a review be undertaken. This would provide assurance that coverage amounts are adequate, that any additions or deletions are noted, and that the cost of such an update would probably be a lot less in the long run than having to do an entirely new appraisal in 5, 6, or 7 years. Hope this helps. I would welcome other suggestions.

5 WAYS TO MAKE A BETTER REPORT

ISA members are invited to send in their questions on all things appraising and education to Leon Castner, ISA CAPP. Leon will share his answers on the ISA Now Blog. Please send questions to leoncastner@comcast.net.


There are always ways to make a report better, whether in content, form, or persuasion. A better report is one that is readable, easily understood, and conveys the answer to the client’s problem in a meaningful way. Read my latest ISA Now blog post for five suggestions to consider when improving the transmission of the appraisal.

1. Clarity
A report should be clean and orderly, both in textual content and in appearance. It should clearly state the client, the intended use and users, objectives, and all the elements on the ISA checklist. Whether a report is narrative, like a letter addressed to a client, or a chart type form with repeated boxes or tables for information, it should flow in a logical and methodical way.

Any intended user of an appraisal report should be able to understand what the appraiser did and what steps were taken to reach the final value conclusion. The scope of work should be addressed sufficiently so that even the research and analysis performed will be evident.

Clarity involves the written report appearance as well. It should follow grammatical rules and be free of punctuation and spelling errors. The numbers, when given, should be plain and not confusing. Parts of the report should be labeled and follow the steps of the process from beginning to end.

2. Headers or Footers
A report can be custom tailored for every assignment. This includes a unique header and footer with specific information that identifies the report. Some use a footer to include company and client name, effective date, addresses, emails, and phone numbers. Due to the ease of word processing programs, these effects are no longer difficult or time consuming.

3. Report Segments
It is relatively easy to construct an ISA report that includes a cover section, a body, and an addendum. Although we do not normally label these segments, it is wise to differentiate between them in the text. Starting a report with the appraiser’s qualifications is usually not a good idea since it is part of the addendum. Addendums, for a very good reason, normally fall at the end.

The USPAP/ISA certification is part of the cover segment of a report. It can follow the itemization and valuation, but should be labeled to separate it from the rest. Often it is included in the narrative as the ending to a cover segment. Remember that the cover section is appraisal specific. The body is item specific.

Use the addendum in an expanded fashion. It is a great place for an item-specific glossary, a grading scale, artist biography, and supporting documentation. It would not be out of line to have an addendum that contains more pages than the rest of the report.

4. Photographs
Photographs are not a requirement for any report, even an IRS one (the taxpayer is only responsible for providing a good photograph of an item for donation if it is over $20,000). However, particularly in an age of digital photography, you should include photos whenever possible.

Learn to use your camera well. Make every attempt to deliver sharp and realistic photos, including close-ups of signatures, hallmarks, and specific identifying characteristics. Use white space to enhance the presentation and label the photographs when possible. Put them in the body, next to the item description. If one is using comparable sales and a reasoned justification, adding pictures of the comps is extremely beneficial. Do not cut corners using photography.

5. Avoid Needless Repetition
Many appraisers use templates. Some templates are not appropriate for all intended uses and may contain information not required or useful in a specific circumstance. Proofread your reports and delete unnecessary and/or duplicate information. This is particularly true when people try to follow checklists and often duplicate material to ensure it is present.