26 / 77
14
USPAP 2018-2019 Edition
© The Appraisal Foundation
JURISDICTIONAL EXCEPTION RULE
If any applicable law or regulation precludes compliance with any part of USPAP, only that part
of USPAP becomes void for that assignment.
Comment: When compliance with USPAP is required by federal law or regulation, no part of
USPAP can be voided by a law or regulation of a state or local jurisdiction.
In an assignment involving a jurisdictional exception, an appraiser must:
1. identify the law or regulation that precludes compliance with USPAP;
2. comply with that law or regulation;
3. clearly and conspicuously disclose in the report the part of USPAP that is voided by that law or regulation;
and
4. cite in the report the law or regulation requiring this exception to USPAP compliance.
Comment: The JURISDICTIONAL EXCEPTION 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.
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 jurisdictional exception.
See also
FAQ 106-
116
FAQ
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420