Scott Mac Williams
Competency requires:
1.
The ability to property identify the problem to be addressed
2.
3.
The knowledge and experience to complete the assignment competently
Recognition of, and compliance with, laws and regulations that apply to the appraiser or to the assignment.
Lack of Competency
If the assignment cannot be completed competently the appraiser must decline or withdraw from the assignment
For each appraisal, an appraiser must
Indentify the problem to be solved
Determine and perform the scope of work necessary to develop credible assignment results
The expectations of the parties who are regular intended users
What an appraisers peer actions would be in performing the same or similar assignment
Disclose the scope of work in the report
USPAP Considerations
Standard 1 Real Property Appraisal Development
Rule 1-4 In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for a credible assignment result .
(a)
(a)
(c)
(a)
When a Sale Comparison Approach is necessary for a credible assignment results, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion
(i)
(ii)
(iii)
When a Cost Approach is necessary for a credible result an appraiser must :
Develop an opinion of site value by an appropriate technique
Analyze comparable cost data available to estimate the cost new
Analyze such comparable data as are available to estimate the difference
(i)
(ii)
(iii)
(iv)
When an Income approach is necessary for a credible assignment results, an appraiser must:
Analyze such comparable rental data as are available and/or potential earning capacity of the property to estimate the gross income potential of the property
Analyze such comparable operating expense data as are available to estimate the operating expenses of the property.
Analyze such comparable data as are available to estimate the capitalization and or rates of discount;
Base projections of future rent and/or income potential and expenses on reasonable clear and appropriate evidence
When developing an opinion of the value of a leased fee estate or leasehold estate, an appraiser must analyze the effect on value, if any, of the terms and conditions of the lease (s)
Problem to be solved
What is being Valued?
Sign Structure
Sign Site
Leased Fee Interest
An ownership held by a landlord with the rights of use and occupancy conveyed by lease to others. The rights of the lessor (the leased fee owner) and the lessee are specified b the contract terms within the lease
Leasehold Interest
The interest held by the lessee (the tenant or the renter) through a lease transferring the right of use and occupancy for a stated term under certain conditions.
Leasehold Value
Difference between contract rent paid to the owner and market rent at the time of the appraisal
Leasehold Value Method
Leasehold interests are typically valued usi9ng the income capitalization approach. The income to the position is the difference between the market rent and contract rent. The capitalization
Location
Location is of paramount importance
Valuation should include the value of the location
Recognition of, and compliance with, laws and regulations that apply to the appraiser or to the assignment.
1.
2.
Just Compensation is to compensate only for the value of the property taken.
Just Compensation does not include compensation for loss of business profits, .
Accepted Valuation Methods
Nichols on Eminent Domain
23.04[4] As a general proposition, it can be said that any professionally accepted appraisal methodology or technique tat is adequately supported will be admissible
Cost Approach 23.04 [4] 23-56 to 23-59
Income Approach 23.04 [4] 23-59 to 23-62
Market Approach; Gross Rent Multiplier Method 23.04
[4] 23-62 to 23-64
Accepted Valuation Methods Continued
The Valuation of Billboards (Appraisal Institute)
by Dwain R. Stoops MAI and Marvin L. Wolverton PhD, MAI
Chapter 4 Highest and Best Use and the Cost Approach Cost
Approach ;
Chapter 5 Sales Comparison Approach 126-139
Income Capitalization Approach 142-157
Discusses the use of two multiplier applications for valuing interests in sites and structures separate from the business operation- the potential gross income multiplier (PGIM) and the effective gross income multiplier (EGIM)
Questions Regarding Compensation/Methodology
Compensability is a question of Law
Change 2010 Jurisdictional Exception
An assignment condition established by applicable law or regulation which precludes an appraiser from complying with a part of USPAP.
In an assignment involving a jurisdictional exception, an appraiser must
Identify the law or regulation that precludes compliance with USPAP
Clearly and conspicuously disclose in the report the part of USPAP that is voided by that law or regulation; and
Cite in the report the law or regulation requiring this exception to
USPAP compliance.
Law includes constitutions, legislative and court made law, and administrative rules and ordinances. Regulations include rules or orders having legal force, issued by an administrative agency. Instructions from a client or attorney do not establish a jurisdicational exception
Consider the Use of an Extraordinary Assumption USPAP defines an
Extraordinary Assumption as: “an assumption, directly related to a specific assignment, which, if found to be false, could alter the appraisers opinions or conclusions.”
Get Supported Legal Instructions for any questionable damages or employed methodologies
Do work that you are competent to complete
You the appraiser are ultimately responsible for the scope of work decisions.
Instructions from a client or attorney do not establish jurisdictional exception
Get Supported Legal Instructions for any questionable damages
Use Extraordinary Assumptions where applicable