Is it permissible to use instructions from an attorney as a basis for a jurisdictional exception?

Study for the McKissock 15hr National USPAP Test. Use flashcards and multiple-choice questions with hints and explanations. Get ahead in your appraisal career!

Multiple Choice

Is it permissible to use instructions from an attorney as a basis for a jurisdictional exception?

Explanation:
A jurisdictional exception is allowed only when a law or regulation in the jurisdiction requires deviation from USPAP. Instructions from an attorney do not by themselves create a legal basis for an exception; they’re guidance, not a binding legal requirement. The appraiser must identify and document the actual statutory or regulatory basis that necessitates the deviation and ensure the rest of the assignment remains compliant with USPAP as far as possible. Client consent does not authorize overriding USPAP, and whether the attorney is involved in the assignment is irrelevant to establishing a legitimate jurisdictional exception.

A jurisdictional exception is allowed only when a law or regulation in the jurisdiction requires deviation from USPAP. Instructions from an attorney do not by themselves create a legal basis for an exception; they’re guidance, not a binding legal requirement. The appraiser must identify and document the actual statutory or regulatory basis that necessitates the deviation and ensure the rest of the assignment remains compliant with USPAP as far as possible. Client consent does not authorize overriding USPAP, and whether the attorney is involved in the assignment is irrelevant to establishing a legitimate jurisdictional exception.

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