Book 1 - Appraisal Institute of Canada

Book 1 - Appraisal Institute of Canada Book 1 - Appraisal Institute of Canada

13.07.2015 Views

AppealCandidates anduse of the term ‘appraiser’By Andy Chopko, AACI, P. App, Member, Appeal CommitteeFor many years, Candidates have misusedand applied the term appraiser whensigning appraisal reports and/or introducingthemselves as real estate appraisers to clients.Designations with the Appraisal Institute of Canada(AIC) are earned designations – CRA Canadian ResidentialAppraiser and AACI Accredited AppraiserCanadian Institute.The term ‘appraiser’ gives an individual credibilityas a practicing professional in the appraisalindustry and utilization of the term ‘appraiser’when signing a property valuation or consultingreport is much like implying there is a designationattached to the individual’s name.When licensing was initiated in some Canadianprovinces, there was great debate as to licensing anindividual as an appraiser or as a Candidate. Thesediscussions became critical in the determinationof the class of licensed industry members. Thisalso holds true in terms of the status of industrymembers with the AIC.When applying the term ‘appraiser,’ a Candidateis adding the perception that the AIC qualifiesthat person for signing a property valuation or consultingreport, which is not the case. A Candidateis not an appraiser until designated; much like alawyer is a student at law until admitted to the Bar.Use of the term ‘appraiser’ can only be appliedin conjunction with a designation regarding theprofessional standing with the AIC. Designationsare earned through a rigorous education and mentoringprogram and, until an individual has receivedthe CRA or AACI designation awarded by theAIC, the term appraiser cannot be applied. Thus,Candidates cannot append the title ‘appraiser’ totheir names when signing an appraisal document.Additionally, P. App may be used by AACI membersin good standing, but only in conjunction with theAACI designation as such, AACI, P. App.“Use of the term ‘appraiser’ can only be applied inconjunction with a designation regarding the professionalstanding with the AIC. Designations are earned througha rigorous education and mentoring program and, untilan individual has received the CRA or AACI designationawarded by the AIC, the term appraiser cannot be applied.”In this regard, Professional Practice Committeesof the AIC have encountered complaints of Candidatemembers misusing the term ‘appraiser’ whenthey add the term ‘appraiser’ in signing appraisalvaluation and consulting reports. To clarify – aCandidate must only sign appraisal valuation andconsulting reports ‘as a Candidate’ to avoid misleadingthe public in terms of his or her standing withregard to the education and mentorship programswith the AIC.Designated members reviewing and co-signingappraisal valuation and consulting reports mustensure that the Candidate signs ‘as a Candidate’ andnot as an ‘appraiser.’ If a Candidate signs a valuationand consulting report using the term ‘appraiser’with his or her name, the Candidate is misleadingthe client and/or a member of the public regardinghis or her level of experience, education, and professionalstanding with the AIC.These provisions also apply to business cards andother promotional items. Candidates must not usethe term ‘appraiser’ with their names, as a Candidateis not an appraiser until designated with the AIC.Ethical Standards:5.4.6 “Promoting the Candidate membershipcategory in such a way that it might be perceived asa designation is misleading. AIC Candidate membersmust refrain from using initials or abbreviations thatmight be interpreted as relating to a designated status,i.e. CAN, as this is not an AIC designation, but refers tostatus within the Appraisal Institute of Canada.”5.4.7 “AIC Candidates are able to identifythemselves as a Candidate Member of the AppraisalInstitute of Canada (AIC). AIC Candidate membersmay identify that they are working under the mentorshipof a designated member of the Institute andidentify the mentor’s name and designation.”5.5.4 “It is unethical for Candidate members tosign any appraisal, review or consulting report unlessthe report is co-signed by an appropriately designatedmember.”5.5.5. “It is unethical for affiliate, associate orstudent members to hold themselves out in any wayas a practicing member of the Institute.”Appeal CommitteeLeonard Lee, AACI, P. App – ChairAllan Beatty, AACI, P. App, FellowAndrew Chopko, AACI, P. AppJohn Shevchuk, AssociateGordon Tomiuk, AACI, P. App, FellowTo contact this committee, email:appeal@aicanada.ca26Canadian Property Valuation Volume 54 | book 1 | 2010 Évaluation Immobilière au Canadaclick here to return to table of contents

From the Counsellor’s DeskWorking incollaboration for changeUpon joining the Appraisal Instituteof Canada (AIC), all members pledgeto uphold the Code of ProfessionalConduct and Professional Code of Ethics 1 . In sodoing, they agree to comply with the provisionsof the Bylaws, Regulations and CUSPAP.Staying true to this ideal will translate into aprofessional reputation that serves you well.Good ethics are good for business. This shouldbe the focus at all times, especially when clientsdeliberately encourage you to hit their mark,thereby jeopardizing your professionalism andyour livelihood.Much has been and will likely continue tobe written on the root causes of the sub-primefinancial crisis in the US and the global impactthat it has spawned. While some will look at therisk modeling and the collateral valuation process2 to see if they worked as intended, i.e., didthe mathematical models and process functionproperly?; others will look to the conduct of theplayers in the financial services sector. Did theyact ethically and responsibly in the loan originationand underwriting process?Allegations of mortgage fraud litter the landscapein the US 3 . While little beyond anecdotalevidence appears in Canada, we routinely readand hear about the value and impact of mortgagefraud in Canada. Many are vaguely awareof the housing bust of the later 1980s and recallchanges that arose from that, but, essentially,with the passage of time it has faded frommemory and has been replaced with fresh scarsfrom the current crisis. As Hegel says, we learnfrom history that we learn nothing from history.The question that comes to mind out of thisis – can effective change occur without sanctionby securities regulators; criminal sanctionfor misconduct or sanction for professional“ Conduct reflectsindividual ethics andprofessionalism andthe AIC and all itsmembers benefit whenwe remind ourselvesof the obligationswe inherit when webecome members of thisprofession.”Robert PatchettLL.B, CD, AIC Counsellor,Professional Practicemisconduct? The question presumes of coursethat the processes worked, but that someoneacted unprofessionally.This highlights the importance of protectingyour reputation and reminding clients that, atall times, you comply with Generally AcceptedPrinciples of Valuation in completing any assignmentin accordance with the appraisal standardspublished by the AIC. In so doing, reportingundue influence 4 and working in concert withefforts of the AIC Board to advance the interestsof the membership and the profession can onlylead to confirming the vital role appraisers holdin the financial marketplace.By now, much will be known of the AMCTask Force Report and the leadership takenby the AIC Board in acting on those recommendations.It is important to recognize thatchange may be difficult and slow, and thatimplementing change takes time and energy.Nevertheless, when individual members workcollaboratively with peers and the AIC, they caneffect change that will be both positive andrewarding. Conduct reflects individual ethicsand professionalism and the AIC and all itsmembers benefit when we remind ourselvesof the obligations we inherit when we becomemembers of this profession.End notes1AIC Code of Conduct and Code of Ethics, http://www.aicanada.ca/cmsPage.aspx?id=2102Reengineering the Appraisal Process, Collateral RiskNetwork http://www.aicanada.ca/images/content/docs/Valution%20Evolution.pdf3Eleventh Periodic Mortgage Fraud Case Report To:Mortgage Bankers Association, http://www.marisolutions.com/pdfs/mba/mortgage-fraud-report-11th.pdf4Undue Appraiser Influence – Canadian Property Valuation,Page 32, http://www.aicanada.ca/images/content/file/CPV-2008-book-2.pdfclick here to return to table of contentsCanadian Property Valuation Volume 54 | book 1 | 2010 Évaluation Immobilière au Canada 27

From the Counsellor’s DeskWorking incollaboration for changeUpon joining the <strong>Appraisal</strong> <strong>Institute</strong><strong>of</strong> <strong>Canada</strong> (AIC), all members pledgeto uphold the Code <strong>of</strong> Pr<strong>of</strong>essionalConduct and Pr<strong>of</strong>essional Code <strong>of</strong> Ethics 1 . In sodoing, they agree to comply with the provisions<strong>of</strong> the Bylaws, Regulations and CUSPAP.Staying true to this ideal will translate into apr<strong>of</strong>essional reputation that serves you well.Good ethics are good for business. This shouldbe the focus at all times, especially when clientsdeliberately encourage you to hit their mark,thereby jeopardizing your pr<strong>of</strong>essionalism andyour livelihood.Much has been and will likely continue tobe written on the root causes <strong>of</strong> the sub-primefinancial crisis in the US and the global impactthat it has spawned. While some will look at therisk modeling and the collateral valuation process2 to see if they worked as intended, i.e., didthe mathematical models and process functionproperly?; others will look to the conduct <strong>of</strong> theplayers in the financial services sector. Did theyact ethically and responsibly in the loan originationand underwriting process?Allegations <strong>of</strong> mortgage fraud litter the landscapein the US 3 . While little beyond anecdotalevidence appears in <strong>Canada</strong>, we routinely readand hear about the value and impact <strong>of</strong> mortgagefraud in <strong>Canada</strong>. Many are vaguely aware<strong>of</strong> the housing bust <strong>of</strong> the later 1980s and recallchanges that arose from that, but, essentially,with the passage <strong>of</strong> time it has faded frommemory and has been replaced with fresh scarsfrom the current crisis. As Hegel says, we learnfrom history that we learn nothing from history.The question that comes to mind out <strong>of</strong> thisis – can effective change occur without sanctionby securities regulators; criminal sanctionfor misconduct or sanction for pr<strong>of</strong>essional“ Conduct reflectsindividual ethics andpr<strong>of</strong>essionalism andthe AIC and all itsmembers benefit whenwe remind ourselves<strong>of</strong> the obligationswe inherit when webecome members <strong>of</strong> thispr<strong>of</strong>ession.”Robert PatchettLL.B, CD, AIC Counsellor,Pr<strong>of</strong>essional Practicemisconduct? The question presumes <strong>of</strong> coursethat the processes worked, but that someoneacted unpr<strong>of</strong>essionally.This highlights the importance <strong>of</strong> protectingyour reputation and reminding clients that, atall times, you comply with Generally AcceptedPrinciples <strong>of</strong> Valuation in completing any assignmentin accordance with the appraisal standardspublished by the AIC. In so doing, reportingundue influence 4 and working in concert withefforts <strong>of</strong> the AIC Board to advance the interests<strong>of</strong> the membership and the pr<strong>of</strong>ession can onlylead to confirming the vital role appraisers holdin the financial marketplace.By now, much will be known <strong>of</strong> the AMCTask Force Report and the leadership takenby the AIC Board in acting on those recommendations.It is important to recognize thatchange may be difficult and slow, and thatimplementing change takes time and energy.Nevertheless, when individual members workcollaboratively with peers and the AIC, they caneffect change that will be both positive andrewarding. Conduct reflects individual ethicsand pr<strong>of</strong>essionalism and the AIC and all itsmembers benefit when we remind ourselves<strong>of</strong> the obligations we inherit when we becomemembers <strong>of</strong> this pr<strong>of</strong>ession.End notes1AIC Code <strong>of</strong> Conduct and Code <strong>of</strong> Ethics, http://www.aicanada.ca/cmsPage.aspx?id=2102Reengineering the <strong>Appraisal</strong> Process, Collateral RiskNetwork http://www.aicanada.ca/images/content/docs/Valution%20Evolution.pdf3Eleventh Periodic Mortgage Fraud Case Report To:Mortgage Bankers Association, http://www.marisolutions.com/pdfs/mba/mortgage-fraud-report-11th.pdf4Undue Appraiser Influence – Canadian Property Valuation,Page 32, http://www.aicanada.ca/images/content/file/CPV-2008-book-2.pdfclick here to return to table <strong>of</strong> contentsCanadian Property Valuation Volume 54 | book 1 | 2010 Évaluation Immobilière au <strong>Canada</strong> 27

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!