2002 Minnesota Statutes

     82B.20 Prohibited practices. 

    Subdivision 1.    Enforcement.  The license of a 
 licensed real estate appraiser may be denied, revoked, or 
 suspended, or the person may be otherwise disciplined in 
 accordance with this chapter, upon any of the grounds set forth 
 in this section.  

    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; or 

    (17) engage in other acts the commissioner by rule 
 prohibits. 

    HIST: 1989 c 341 art 1 s 20; 1992 c 464 art 1 s 10