A.7.1.3.5 Jurisdictional Exception Rule

A. This rule provides a saving or severability clause intended to preserve the balance of USPAP if compliance with one or more of its parts is precluded by the law or regulation of a jurisdiction. When an appraiser properly follows this rule in disregarding a part of USPAP, there is no violation of USPAP.

B. USPAP defines law as including constitutions, legislative and court-made law, administrative rules, and ordinances. Regulations include rules or orders having legal force, which are issued by an administrative agency (such as HUD.) This would include Handbooks, Notices, and the MAP Guide. Instructions from an attorney or a client do not establish a jurisdictional exception

C. The need to exercise a Jurisdictional Exception should be rare. If it is needed, the appraiser or Review Appraiser must specifically cite the law or regulation and the portion of USPAP that is affected. Verbal direction from management is not sufficient to justify a Jurisdictional Exception. HUD Review Appraisers must cite a citation from the MAP Guide or other appropriate authority.