April 7, 2009

Table of Contents
Welcome to another edition of the ACA Appraiser's Update.
 
online versionWe are very excited to announce the launch of the first and only online version of a complete course for the personal property appraiser! Now appraisers can become fully educated in the principles and methodology that form the foundation of our profession from the comfort of their own home at times most convenient to them. All one needs is an Internet connection! This is a first in the industry. See the below article - we think you will be impressed!
 
For those preferring an on site offering of the course, we'll be in Baltimore presenting our 6-day complete appraisal course Appraising Personal Property: A Core Course in Valuation Studies Featuring USPAP June 23-28, 2009 (more info).
 
We'll also be offering the 15-hour National USPAP Course June 27th and 28th at the same location (more info). Come join us!
 
 
Instructors Dave Maloney and Bill NovotnySincerely,
Dave and Bill
 
 
 
Dave Maloney and Bill Novotny
Appraisal Course Associates
 
P.S. Be sure to check-out our past eNewsletters for other great appraisal and USPAP related tips, news, announcements and suggestions. 
Finally! An Online Course for the Appraiser!
 
online appraisal courseComplete Course Now Online
 
Appraisal Course Associates (ACA), a leading developer of USPAP-centered instructional books and courses for the personal property appraiser has announced the first-ever and only online course for the personal property appraiser.
 
"We are proud to offer Dave Maloney's Complete Online Course in Personal Property Appraising Featuring USPAP," said ACA partner, Bill Novotny, an AQB Certified National USPAP instructor. "The course makes use of the latest in sophisticated university-level learning management software to present a thorough and professionally-designed learning experience complete with reading assignments, Flash video reviews, a detailed online glossary, self-assessed testing, and, most importantly, course material that is thoroughly integrated with USPAP - a first in the profession," he continued.
 
"This course thoroughly covers the principles, theory, methodology, standards and practices associated with personal property appraising. It is the ultimate learning experience for new appraisers as well as for experienced appraisers who are looking to refine their practice," said course reviewer and former USPAP instructor Tom Field, GCA of Thomas R. Field American Antiques and Folk Art. 
 
The course makes use of Maloney's popular course book and reference guide for the appraiser entitled Appraising Personal Property: Principles and Methodology (Appraisers Press 2008) as well as The Appraisal Foundation's Uniform Standards of Professional Appraisal Practice. Supplemental online readings expand on important topics to enhance the learning experience.
 
"From beginning to end, the course and its reference materials are based on USPAP and the appraisal process. Maloney's course book and his online course are the first comprehensive manual and online course in the field of personal property appraising that are fully based on, and consistent with, USPAP," said Novotny.

"I designed the course so that it flows in a logical sequence - each lesson building on the preceding one," said Maloney who is a veteran appraisal course writer, instructor and author. "Course material is written in plain English. It can even be read online - all you need is an Internet connection! One of the most significant benefits of this online course includes there being consistency in content and the quality of its presentation. In addition, the student has access to the instructor via phone and email, and with other participants through the online Discussion Forum," he added.

Students who successfully complete the course, pass the tests and submit a USPAP-compliant appraisal report for careful review are awarded a certificate of completion that is recognized by those professional schools and peer organizations which accept the certificate as meeting the principles and methodology educational requirements for designation. 
 
Accepted by the Association of Online Appraisers, the Appraisers National Association and the College for Appraisers as meeting their principles and methodology educational requirements for earning designations, this ground-breaking USPAP-based course is complete with an online discussion forum and constant instructor contact and mentoring for the student. The course is being acclaimed as the most professional, thorough, accurate and up-to-date course available for the personal property appraiser.
 
"The next two phases of our online course development program for personal property appraisers will include an online USPAP Update Course as well as an online personal property version of the complete USPAP Course," said Novotny...more
Form 8282 Reporting Period Now "3" Years
 
IRS Form 8282The Pension Protection Act of 2006 changed the IRS Form 8282 reporting period from two to three years.
 
Appraisers are familiar with very familiar with IRS Form 8283 Noncash Charitable Contributions, but may be less familiar with IRS Form 8282 Donee Information Return.

Any non-cash charitable contribution greater than $500 requires the donor to include Form 8283 with his or her tax return. For donations in excess of $5,000 the donor is required to obtain a qualified appraisal from a qualified appraiser and report the donated property's value on Form 8283, Section B, Part I.

The donee (i.e., the nonprofit organization) must then complete Part IV of Form 8283 after receiving the contribution. Part IV confirms that the property identified in Part I was in fact donated. It also asks whether or not the organization intends to use the contribution for a purpose unrelated to the organization's work. Part IV also affirms that if the organization sells or otherwise disposes of the property within three years it will file IRS Form 8282 Donee Information Return. (Prior to the Pension Protection Act of 2006, the reporting period was only two years.)

If the contribution is subsequently sold, exchanged, re-donated or otherwise disposed of within three years, the donee organization must file Form 8282 with the IRS and forward a copy to the original donor. Form 8282 not only discloses whether or not the use of the property was related to the organization's tax exempt purpose or function, but it also requires the disclosure of the amount received by the organization upon disposition.

This action allows the IRS to compare the appraiser's value conclusion as reported and attested to on the taxpayer's IRS Form 8283 with the item's actual sales price as reported on IRS Form 8282. The IRS may be concerned if the appraised value greatly exceeds the eventual sales price if sold within that three-year window.

Bailment and the Appraiser
 
Are you a Bailee?
 
Bailment is a matter of property law. A bailment occurs when an individual (the bailor) in lawful possession of a piece of personal property gives over possession to another individual (the bailee) for a specific purpose, with the understanding that once the purpose has been achieved, the personal property shall be surrendered back to the bailor.
 
Bailments apply to items which have been borrowed or loaned, items being transported by couriers, even customer goods in the possession of a restoration specialist. And on occasion, appraisers take property from the client for various reasons such as to get an item authenticated or tested. Doing so is an example of bailment.
 
A bailee has a duty to exercise reasonable care to protect the property, and to return the property promptly when the task has been completed. Duty of care is the standard of legal duty that a reasonable person owes to others. Failure to use reasonable care could expose an individual to liability for negligence which is defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm.
 
Bailments are divisible into three kinds. The degree of care that must be taken by the bailee to avoid being negligent varies depending upon who benefits from the bailment. The three kinds of bailment scenarios are: 
  • Those bailments in which the bailor benefits (such as the bailor storing valuables at a neighbor's house for safekeeping while the bailor goes on vacation.) In this case, the bailee owes a low degree of care. In order to be held liable for damages done to the bailment, the bailee must be found grossly negligent.

  • Those bailments in which the bailee benefits (such as the bailee borrowing a china dinnerware service from a neighbor for use at a dinner party). In this case, the bailee owes a high degree of care. The bailee must be very careful with the borrowed property because he or she could be found liable for any damages arising from even slight negligence.

  • Those bailments in which both bailor and bailee benefit such as when a client allows the appraiser to take possession of a painting in order to get it tested or authenticated. While in the care and control of the appraiser, the client (bailor) expects that the appraiser will take care of their property, keep it reasonably safe, and return the property in the same condition in which it was received. Otherwise, the client will expect that the appraiser be responsible for his or her own negligence. In this third example, the bailee owes an ordinary degree of care.

This is the type of bailment scenario in which an appraiser might become involved. In such a scenario the appraiser would be well-advised to, at a minimum, take a reasonable amount of care when the item is in the appraiser's possession in order to prevent the property from being lost or damaged. To apply less than reasonable care could expose the appraiser to liability for negligence should damage or loss occur.

Q & A: Signing the Transmittal Letter
 
http://www.appraisalcourseassociates.com/archive/newsletter/update4/uspap.jpg
Question:

Does USPAP require an appraiser to sign the transmittal letter?
 
Response:

No. USPAP does not require that any report include a transmittal letter. However, USPAP does require that an appraiser who signs a transmittal letter must also sign the certification required by Standards Rule 8-3 which applies to personal property appraisal reports.

For example, the Comment to Standards Rule 8-3 states, in part:
A signed certification is an integral part of the appraisal report. An appraiser who signs any part of the appraisal report, including a transmittal letter, must also sign this certification. (Bold added for emphasis)
 
Based on, USPAP Q&A, © The Appraisal Foundation
Complete Course for Appraisers plus USPAP - Baltimore, MD - June 2009
 
Appraising Personal Property: A Core Course in Valuation Studies Featuring USPAP is a unique, all-inclusive course for the personal property appraiser designed and offered by the leaders in personal property appraisal education, research and publishing.

Developed by veteran course writer and instructor Dave Maloney, AOA CM in association with National USPAP Course Certified Instructor Bill Novotny, ISA AM, Appraising Personal Property: A Core Course in Valuation Studies Featuring USPAP is a six-day, on site, two-part comprehensive course covering the principles and methodology that lay the foundation for ethical, complete, reasoned, and well-communicated value conclusions and appraisal reports.

Part I of this course is taught by Dave Maloney, AOA CM on days 1 through 4 and makes use of Maloney's 416-page course book, Appraising Personal Property: Principles and Methodology - 2nd Edition. In Part I the student will learn the theory, principles and methodology of professional appraising including terminology, definitions, approaches to value, scope of work, intended uses of appraisals, IRS regulations, research techniques, report writing, sample appraisals and much, much more.

Part II is the 15-hour National Uniform Standards of Professional Appraisal Practice (USPAP) course taught on days 5 and 6 by AQB-Certified instructor Bill Novotny, ISA AM, GCA. The course is designed to aid personal property appraisers seeking competency in USPAP and focuses on the requirements for ethical behavior and competent performance by appraisers as set forth in USPAP.
 
Complete 6-day Appraisal Course:

15-hour National USPAP Course (personal property version):

I cannot remember ever taking a course, whether it was simply for pleasure or perhaps additional training for work, where I have gained so much knowledge in such a short period of time. And I cannot begin to imagine taking the Part II (USPAP) of your course without having taken Part I (principles and methodology) immediately prior. I simply would not have been able to pass the Part II USPAP test without first having understood the material presented in Part I. Your six-day appraisal course is well designed, well presented, very professional and highly effective. - L.Y.

The Personal Property Appraiser's Guide to USPAP by David J. Maloney, Jr., AOA CM
 
Unique 76-page book explains USPAP in plain English
 
Finally! A plain-English explanation of the Uniform Standards of Professional Appraisal Practice (USPAP) designed specifically for the personal property appraiser!

From the history of The Appraisal Foundation and the structure of USPAP to the appraiser's USPAP compliance obligations and even a USPAP-compliant sample appraisal, this single, unique book has it all.

The Personal Property Appraiser's Guide to USPAP is a comprehensive guidebook to USPAP that will help personal property appraisers better comprehend USPAP's significance, the ease with which they can comply with USPAP, and the positive impact doing so will have on improving their performance as appraisers as well as on maintaining the public's trust and confidence in the profession of appraising. $19.90 plus shipping, 8 1/2"x11", fully-indexed, 76-pages, softcover.
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Appraising Personal Property: Principles and Methodology by David J. Maloney, Jr., AOA CM
 
This first-ever book for personal property appraisers covers appraisal principles and methodology including terminology, approaches to value, research, ethics, sample appraisals and much, much more.
 
2nd Edition "Appraising Personal Property: Principles and Methodology"Appraising Personal Property: Principles and Methodology - 2nd Edition is the only complete, well-organized, practical and fully-indexed course book and reference guide to personal property appraising. Written with the Uniform Standards of Professional Appraisal Practice (USPAP) as its foundation, this book is unique. There is no other book or course of instruction that provide such a thorough grounding in the fundamentals of personal property appraising. This course book will teach you the appraisal theory, principles, practices and methodology associated with preparing professional appraisal reports. $59.95 plus shipping,  8 1/2"x11", 416 pages, fully-indexed, softcover.
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