Wednesday, December 19, 2007


who is Les Smith, He used to be part owner of Hardy Appraisals along with

I Richard Harris file Complaint on Mr.Malcolm J. Carter,AACI,FRI,CMR.

I also File a Complaint on Harrison W.Goodwin also AACI,BBA,CMR.on November 8,2000.

Why, Because I was told and lead to believe if both of these Experts reports was band by New Brunswick Association of real Estate Appraisers, ?

I would not need an Expert to go forward with my claim of Expropriation of my property and get to court.

Now after April 4, 2000, after Rex Tucker and my self having a meeting with D.O.T head People, such as AACI John S.Raymond, Jennifer Logan,?! is Les Smith Wife.

I knew by this time that the Government realty had no reports with AACI Mac Carter.

I have Mr. Goodwin flaw draft Report, that I did not know what he was doing.? Him Tacking 2,legal survey lots,and part of the back parcel and saying the market vale is $5,300.00 for both Lots and the back part.?

Why would anyone take 2 survey lots and turn property in one Parcel and give it to the government for $5,300.00?

Now I find this out after, he Goodwin already have taken $21,000.00 dollars from me.

Now who was he Working for,?

Why was the New Brunswick Association of Real Estate Appraisers was incorpoated on January 1,1995. ! I Think Because the Government knew the Highway was on the way,a way to Expropriation of people Property and control what they will paid.

A way to give the Taxpayer Money away to the connected people to deprived Property owner.

To delay property owner from moving on with life.

A way to make then give up on there property right to fair value.

Head person of N.B.Asscoiation is Les Smith. He and Doucet , was both part owner of Hardly Appaisers ltd.

This is some one else run in with the Association ???

She was not familiar with the Levesque case but assured me if I filed a complaint with the association, it would be handled properly.

On December 17,1999, I phoned Gerry McCoombs, then President of the NBAREA at his office in Fredericton.

I explained my concerns to him regarding the Gerard Levesque complaint and he also assured me that should I file a complaint, it would be dealt with properly.

Based on assurances given, on January 6,2000, I forwarded a comprehensive and very serious complaint to the NBAREA against Mr.Daniel Doucet.

On May 3,2000, I telephoned the NBAREA seeking information on the status of my complaint. I was alarmed to be told that no action had been taken by the NBAREA to secure Mr.Doucet's files so that he could not alter or destroy them. I sent a letter to the NBAREA on May 4,2000, expressing my concerns (NBAREA-4).

On May 8,2000, in response of a request for information, the NBAREA advised that Herman Koops had been made chairperson of the Complaints Committee.

I sent a further letter to the NBAREA on May 11,2000, pointing out their obligations (NBAREA-5).

On August 11,2000, the NBAREA sent me a letter giving the decision reached by their Complaints Committee (NBAREA-6). In that letter they stated that since the matter had been to court and the Judge had said nothing in his decision to suggest any impropriety or lack of competence on the part of Mr.Doucet, therefore Mr.Doucet had done nothing wrong. This was nothing more than a lame excuse by the NBAREA to try and avoid dealing with my complaint. Many Judges are not experts in real estate valuation and appraisal practices and procedures and they must rely on expert witnesses for guidance in such matters. In this case, the Judge had a great deal of difficulty in understanding the testimony and his decision in no way indicated that Mr.Doucet had done nothing wrong. The NBAREA seems to think it is OK for an appraiser to do whatever he thinks he can get away with. The fact is Mr.Doucet had presented the Court with an appraisal which was not done in accordance to the required USPAP standards or the AIC Code of Ethics as he claimed it was. As was pointed out in my complaint, had Mr.Doucet applied proper adjustments to his data as is required by USPAP, then the value of my property he would have arrived at would have been slightly greater than that of my own appraiser.

In the final paragraph of their August 11,2000 letter, the NBAREA states: "It is not the function of the Association under its disciplinary powers to deal with disputes as to property value. This has to be dealt with by the Court as required by the Expropriation Act". This is a correct statement, the Courts set the property value based on evidence presented. The paragraph goes on to state that:"Under the New Brunswick Association of Real Estate Appraisers Act the Association only has jurisdiction to investigate and consider issues of professional misconduct and incompetence on the part of its members". Again, this statement is correct, it is the responsibility of the NBAREA to enforce professional standards and the AIC Code of Ethics. This is all I have requested them to do and they have refused to do that. My complaint was comprehensive and very detailed and showed numerous infractions of the USPAP standards and the AIC Code of Ethics on the part of Mr.Doucet. If the points raised in my complaint were not valid, then I'm sure the complaints committee would have gone over them, one by one, and pointed out the reasons for rejecting them. Since they chose instead to use a lame excuse for not dealing with them, it can be assumed that the complaints were valid and the objective of the Complaints Committee was to cover up for Mr.Doucet.

On August 18,2000, I sent a letter to the NBAREA requesting that the Board of Directors review the decision of their Complaints Committee (NBAREA-7).

On November 20,2000, I sent a further letter to the NBAREA, (NBAREA-8) which outlined my concerns of conflicts-of-interest which I considered many of the Board of Directors had in dealing with my complaint. At some point in time, Mr.D.Thibideau, then President of the NBAREA and an employee of the NB Department of Supply and Services, did resign his Office as President of the Association. It is not known if any other members of the Board declared their conflicts-of-interest and stepped aside from dealing with my complaint.

The Board of Directors of NBAREA were no doubt very aware of the fact that Mr.Doucet had done a large number of appraisals for the Provincial Government. Because of the seriousness of my complaint, had they ruled against him, they would have had to revoke his accreditation. This would have called into question the validity of all the appraisals he had done for the Government and could have potentially cost the Government millions of dollars. It is thus not difficult to understand why the Board of Directors, which was controlled by Government employees was reluctant to rule against Mr.Doucet.

The Board of Directors of the NBAREA sent me their decision of my appeal on December 19,2000 (NBAREA-9) which stated that they agreed with the decision of the Complaints Committee. The letter was signed by Andrew Leech as President of the Association.

Under the Act establishing the NBAREA, section 9(1) states that there shall be a Board of Directors of the Association consisting of (a) the president, past president, vice-president, secretary, and treasurer, and.....
Section 10(2) of the Act states that in the event of a vacancy occurring on the Board, except the office of President, the vacancy may be filled for the balance of the unexpired term as follows....
The Act specifically excludes filling the office of President for the balance of an unexpired term. It would therefore appear that it was not legal for Mr.Leech to complete the unexpired term of Mr.Thibideau who had resigned. Since the Board must have a President, then it was not legally constituted when it handed down its decision on my appeal.

As a self-regulating professional association, the NBAREA must deal with complaints it receives concerning members who do not do appraisals in accordance with USPAP standards and the AIC Code of Ethics as is required. When other self-regulating professional associations, such as the Barristers Society, receives a complaint against a member, they deal with it immediately. If the complaint is serious, they will go as far as to immediately suspend the member and have someone else take over their practice pending an investigation. They do not wait for a Court to find that the member was guilty of wrongdoing before taking action. It is the NBAREA's responsibility to investigate complaints and take action against appraisers who are guilty of malpractice.

Had the NBAREA been enforcing standards since its inception in 1994, then Mr.Doucet would have been required to prepare the appraisal he did on my property in accordance with the required standards. As it was, it appears that Mr.Doucet felt that he could take advantage of his influential position in the NBAREA and that he could get away with not doing appraisals to the required standards. As was shown in my complaint, had Mr.Doucet made proper adjustments to his data as is required by USPAP, then the value he arrived at for my property would have been slightly higher than that reached by my appraiser. Had that been the case, then it can be expected that it would have been possible to reach an agreement with the City on the value of my property back in 1995 and I would not have been forced to waste 6 ½ years of my life fighting for a proper settlement. During this time I have easily spent 50% of my time pursuing this matter which would otherwise been spent on more productive endeavors. I, therefore, feel I should be compensated for that time and for all the sleepless nights and mental distress caused by the NBAREA's failure to fulfill their obligations.

I Richard Harris had almost the same results.

I think it time for us people that gave up Property in Expropriation to start a class action on the Government,and the Association of the gang of this on going Crime in the Justice System. Do this for the young one for there Future.

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