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Kristian M. Smoot
CODE OF ETHICS & PROFESSIONAL CONDUCT
This Code of Ethics and Professional Conduct provides guidelines to the members of The Certified Appraisers Guild of America for their professional conduct. These principles are also intended to inform the general public, the business community and government agencies of CAGA's ethical standards. Public confidence in the honesty, integrity, professionalism, and ability of the professional personal property appraiser is fundamental to the success of the The Certified Appraisers Guild of America (CAGA).
CAGA members shall at all times conduct themselves in such a manner that the image of the appraisal professional is enhanced. In all dealings, CAGA members shall subscribe to the basic belief and tenet of treating others as they would like to be treated.
Section I: ADHERENCE TO THE CODE
1.00 Requirement - The members The Certified Appraisers Guild of America shall comply with this Code of Ethics and Professional Conduct. Lack of knowledge of the Code of Ethics shall not be accepted as an excuse for not acting in compliance with this Code of Ethics.
1.01 Preemption - The laws and government regulations of the country, state, region or municipality in which CAGA members are practicing supersede the Code of Ethics.
Section II: DUTY TO CONTINUE EDUCATION
2.00 Continuing Education - CAGA members shall continually expand their knowledge of valuation theory and their expertise in their specific area of product knowledge.
2.01 Current Laws and Regulations - CAGA members shall be knowledgeable of the current laws and government regulations of their country, state, region and municipality relating to the appraisal profession and to their particular field of expertise.
Section III: ETHICAL RULES
3.00 Honesty - CAGA members shall be honest and trustworthy.
3.01 Fraudulent/Dishonest - CAGA members shall not be a party to any fraudulent, dishonest, or malicious acts.
3.02 Equal Opportunity - CAGA members shall not deny service to any prospective client or customer on the basis of national origin, race, religion, sex, physical or mental disability.
3.03 Representations - CAGA members shall honestly and fairly represent their professional competency, qualifications, facilities, and capabilities. CAGA members shall not exaggerate or misrepresent such qualifications in advertising, resumes, or while soliciting clients.
3.04 Appraisal Assignment - CAGA members shall conduct themselves ethically and professionally at all times in conducting the appraisal assignment.
3.05 Market Information - CAGA members shall not misrepresent market information or any other type of information obtained during the appraisal process.
3.06 Personal Property Information - CAGA members shall not suppress any pertinent information about the property being appraised.
3.07 Personal Objectivity - An CAGA appraiser shall act as an informed professional who objectively expresses knowledgeable opinions as to the value of the property being appraised at given points of time and within specified circumstances.
3.08 Conclusion - An CAGA appraiser shall arrive at an independent numerical conclusion based on knowledge, thorough research and experience without the undue influence of any other party.
3.09 Gratuities/Gifts - An CAGA appraiser shall not accept any gratuity, gift or favor which would affect or appear to unfairly influence professional decisions or actions.
3.10 Status - An CAGA appraiser shall not use any status, office, or position to unfairly gain an economic advantage not otherwise available to them.
3.11 CAGA Guidelines - All accredited and certified CAGA members shall use currently approved appraisal methodology and research procedures to prepare the appraisal report. Such reports shall not conflict with CAGA Appraisal Report Writing Standards.
3.12 Opinions - An appraiser shall not give advice or opinions which are not within the scope of the appraisal process, unless the appraiser is professionally qualified to do so.
3.13 Disclosure - An CAGA appraiser shall disclose in the appraisal report all limiting factors and critical assumptions, and the affect these factors have on the appraisal process.
3.14 Documentation - CAGA members shall make every reasonable effort to obtain the pertinent documentation for the objects being appraised, especially if the objects themselves are not available for direct observation.
Section IV: THE RELATIONSHIP OF CLIENT AND APPRAISER
4.00 Confidentiality - CAGA members shall maintain the confidentiality of their relationship with the client regarding the property that is being appraised. The CAGA members shall safeguard all appraisal reports and documents from unauthorized scrutiny and/or seizure, unless compelled by court order to make such disclosure.
4.01 Access - An appraiser shall respect the client's right of access to all documents and information concerning that client's appraisal work.
4.02 Personal Affairs - CAGA members shall refrain from interfering in any way with the personal affairs of the client which are not directly related to the appraisal assignment.
4.03 Conduct - An CAGA appraiser shall conduct himself/herself in a professional and impartial manner to the general public and to any third party to whom the client gives the appraisal report.
4.04 Diligence - An appraiser shall apply due diligence and make himself/herself reasonably available during all stages of the appraisal process.
4.05 Confidence - An appraiser shall terminate an appraisal assignment if the appraiser looses the client's confidence.
4.06 Conflict of Interest - CAGA members must avoid situations which represent a conflict of interest.
4.07 Expertise - CAGA appraisers should accept only appraisal assignments which fall within their field of expertise unless they are willing to take steps to see that the necessary research is done.
Section V: APPRAISAL FEES
5.00 Fees - CAGA members shall not charge a fee based on a percentage of the valuation found, the financial outcome from the use of the appraisal, or whether the appraiser will purchase the item of the property being appraised.
Section VI: RESPONSIBILITIES TO THE SOCIETY, THE BOARD AND THE APPRAISAL PROFESSION
6.00 Policy Statements - CAGA members shall not, unless authorized, make any oral or written policy statement on behalf of the Organization and/or its membership.
6.01 CAGA By-laws, Regulations and Policies - CAGA members shall abide by the current CAGA by-laws, regulations, and policies. The bylaw's define the levels of membership in the Organization and the titles which each level of member may use, as well as acceptable uses of the CAGA logo and emblems.
6.02 Loyalty - CAGA members shall be loyal to the The Certified Appraisers Guild of America and shall strive for excellence in pursuit of its objectives.
6.03 Privileged Information - CAGA members shall maintain the confidentiality of privileged information known to them by virtue of their membership or office in CAGA.
6.04 Infringement - An CAGA appraiser shall not attempt to obtain an appraisal assignment that is known to have been awarded to a colleague.
6.05 Conduct - An CAGA appraiser shall deal honestly and fairly with all members and other business associates, treating them with professional courtesy and dignity.
6.06 Disparagement - An CAGA appraiser shall not make disparaging statements or implication regarding a colleague. CAGA members shall not interfere with his/her right to practice, serve, or compete to the full extent of the member's knowledge, competence, and abilities.
6.07 Interference with Rights - CAGA members shall not knowingly interfere with the legal and contractual rights of others.
6.08 Development of the Profession - CAGA members shall promote development of the profession through the exchange of knowledge and experience with colleagues, students, and the general public.
Section VII: ENFORCEMENT OF THIS CODE
7.00 Written Acknowledgment - All CAGA members shall be required to acknowledge in writing that they have read, understood, and shall comply with the Organization's Code of Ethics and Professional Conduct.
7.01 Violation of Standards - The Organization shall investigate all instances of CAGA members who have been accused of willfully violating these standards. All complaints must be made in writing and should include documentation or indication of the source where such documentation can be obtained by the Organization.
7.02 Grievance Procedures - In the event of a complaint or grievance of one member against another member, both members shall be notified of CAGA's grievance procedures.
7.03 Disciplinary Action - Disciplinary action, if any, for violation of any portion of this Code shall be in accordance with the Ethics Code Disciplinary Procedures.
|Every Member of the National Auctioneers
Pledges to Abide by the Following Code of Ethics:
The public auction subjects all possessions to equitable
public appraisal and competitive offer and thereby determines fair and current value of
all personal goods and estates. Auctioneers are masters of procedure and conduct of the
public auction. Auctioneers are confidants of the public and instrumentality's of
community progress and development. Such functions impose grave responsibilities and
duties beyond ordinary business policy to which members must dedicate themselves. Members
must strive to maintain the highest standards of the profession and share with fellow
Auctioneers a common responsibility for integrity and honor. Auctioneers will conduct
business in accordance with the following Code of Ethics adopted by National Auctioneers
TO THE PUBLIC
Article 1. In the best interest of the public, of fellow Auctioneers and of their own business, Auctioneers should be loyal to National Auctioneers Association.
Article 2. Auctioneers should so conduct their business as to avoid
disputes with fellow Auctioneers, but in the event of a controversy between two
Auctioneers who are members of National Auctioneers Association, they should not resort to
a lawsuit, but submit their differences to arbitration by National Auctioneers
Association, and the decision of such arbitration should be accepted as final and binding.
If the dispute should be with non-members, the members should offer the services of this
Board to arbitrate.
Article 3. Where members are charged with unethical practice, they
should promptly and voluntarily place all the pertinent facts before the proper committee
for investigation and report.
Article 4. Members should never publicly criticize a competitor, and
where an opinion is especially requested, it should be rendered in conformity with strict
professional courtesy and dignity.
Article 5. Members should not solicit the services of an employee of a
fellow Auctioneer without the fellow Auctioneer's knowledge and consent.
Article 6. In the best interest of society, of the members'
associates, and of the members' own business, Auctioneers should at all times be loyal to
National Auctioneers Association and active in its works; and should willingly share with
fellow members the lessons of their experience.
Article 7. In justice of those who place their interests in the members' hands, Auctioneers should endeavor to keep abreast of business conditions, to keep informed in matters of law and proposed legislation affecting such interests, so as to give intelligent business advice and effective service.
Article 8. In accepting the sale of real or personal property, members
pledge to be fair to both seller and buyer, and to protect the owners' interest as they
would their own.
Article 9. When consulted for an appraisal of value or liquidation
problem, members should give a well considered opinion, reflecting expert knowledge and
sound judgment, taking requisite time for study, inquiry and deliberation. The members'
counsel represents a professional service which they should render in writing and for
which they should make a reasonable charge. Members should not undertake to give an
appraisal or offer an opinion on any proposition on which they have a direct or even
indirect interests, without a full disclosure of such interest.
Article 10. Before accepting a sale it is the duty of Auctioneers to
advise the owner intelligently and honestly regarding the market value of the business or
proposition and the reasonable chance of selling at value or above.