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Welcome to another edition of the ACA
Appraiser's Update.
 We 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!
Sincerely,
Dave Maloney and Bill Novotny
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| Finally! An Online Course for the
Appraiser! |
|
Complete 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 |
|
The 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 |
 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.
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| Q & A: Signing the Transmittal
Letter |
|
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.
read more
preview/order |
| 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.
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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