HF 1335

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to real estate appraisers; requiring consistent use of the State Building
Code's definition of a "story above grade"; amending Minnesota Statutes 2006,
section 82B.20, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 82B.20, subdivision 2, is amended to read:

Subd. 2.

Conduct prohibited.

No person may:

(1) obtain or try to obtain a license under this chapter by knowingly making a
false statement, submitting false information, refusing to provide complete information
in response to a question in an application for license, or through any form of fraud or
misrepresentation;

(2) fail to meet the minimum qualifications established by this chapter;

(3) be convicted, including a conviction based upon a plea of guilty or nolo
contendere, of a crime that is substantially related to the qualifications, functions, and
duties of a person developing real estate appraisals and communicating real estate
appraisals to others;

(4) engage in an act or omission involving dishonesty, fraud, or misrepresentation
with the intent to substantially benefit the license holder or another person or with the
intent to substantially injure another person;

(5) engage in a violation of any of the standards for the development or
communication of real estate appraisals as provided in this chapter;

(6) fail or refuse without good cause to exercise reasonable diligence in developing
an appraisal, preparing an appraisal report, or communicating an appraisal;

(7) engage in negligence or incompetence in developing an appraisal, in preparing
an appraisal report, or in communicating an appraisal;

(8) willfully disregard or violate any of the provisions of this chapter or the rules of
the commissioner for the administration and enforcement of the provisions of this chapter;

(9) accept an appraisal assignment when the employment itself is contingent upon
the appraiser reporting a predetermined estimate, analysis, or opinion, or where the fee
to be paid is contingent upon the opinion, conclusion, or valuation reached, or upon the
consequences resulting from the appraisal assignment;

(10) violate the confidential nature of governmental records to which the person
gained access through employment or engagement as an appraiser by a governmental
agency;

(11) offer, pay, or give, and no person shall accept, any compensation or other thing
of value from a real estate appraiser by way of commission-splitting, rebate, finder's fee,
or otherwise in connection with a real estate appraisal. This prohibition does not apply
to transactions among persons licensed under this chapter if the transactions involve
appraisals for which the license is required;

(12) engage or authorize a person, except a person licensed under this chapter, to act
as a real estate appraiser on the appraiser's behalf;

(13) violate standards of professional practice;

(14) make an oral appraisal report without also making a written report within a
reasonable time after the oral report is made;

(15) represent a market analysis to be an appraisal report;

(16) give an appraisal in any circumstances where the appraiser has a conflict of
interest, as determined under rules adopted by the commissioner; deleted text begin or
deleted text end

(17) new text begin in performing an appraisal, use a definition of "story above grade" that differs
from the definition contained in the State Building Code adopted under section 16B.61,
subdivision 1; or
new text end

new text begin (18) new text end engage in other acts the commissioner by rule prohibits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008, and applies to
appraisals performed on or after that date.
new text end