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APPRAISER REGULATION UPDATE
The North Carolina Real Estate Commission has endorsed and will
recommend to the General Assembly at its 1989 Session the adoption of a plan for
regulating the real estate appraisal industry in North Carolina. The Commission's decision
followed an open forum and numerous meetings and discussions with representatives of
appraiser organizations, independent appraisers, banking and savings and loan
organizations, governmental agencies, and other persons and organizations who would be
most affected by such regulation. The Commission also compiled a comprehensive listing of
persons engaged in real North Carolina and surveyed them as to their employment status and
appraisal activity in order to predict the impact of the proposed regulatory plan on
persons currently engaged in real estate appraising.
Recognizing that some aspects of the plan are favored and others
opposed by various organizations and individuals who would be subject to its provisions,
nevertheless, the Commission believes that it represents a fair and balanced approach to
providing effective protection for consumers or real estate appraisal services without
disrupting the delivery of these vital services to institutional and governmental
consumers and without imposing unreasonable restrictions on practicing and future real
estate appraisers.
The rationale and structure of the Commission's proposed plan can
perhaps best be described by the following questions and answers:
Q. What are the current requirements for appraising real estate in
North Carolina?
A At the present time, there are no qualifications or regulatory requirements for
persons who appraise red estate. No training, experience or examination is required, and
no standards of conduct must be followed. Although certain appraisers voluntarily belong
to trade and professional associations which require appraisal training and experience as
a prerequisite to membership, nevertheless, anyone in North Carolina may "hang out
his shingle" as a real estate appraiser.
Q. By should real estate appraisers be regulated?
A. Governmental agencies, banks and individual consumers lend and borrow billions
of real estate secured dollars each year based upon the advice of red estate appraisers.
The potential for injury to the public has recently been demonstrated by the failure of
various financial institutions in other states, where fraudulent and incompetently
performed appraisals were found to be a major contributing cause. This has prompted
Congress to consider legislation which would require federal regulation of appraisers. It
is believed that by regulating the appraisal industry, the public would be better able to
Identify competent red estate appraisers and the government would be better able to
protect consumers by preventing dishonest and incompetent persons from entering and
engaging in the real estate appraisal business.
Q. Are any plans being considered for regulating; real estate
appraisers in North Carolina?
A. Yes. The North Carolina Real Estate Commission believes that red estate
appraisers (like other occupations and professions) can be regulated most effectively and
efficiently at the state level; therefore, the Commission plans to recommend to the State
Legislature at its 1989 Session a comprehensive program for regulating real estate
appraisers. Under the proposed "two-tiered" program, persons who appraise real
estate must first be licensed as real estate brokers or salesmen. And real estate brokers
and salesmen may then become "state certified real estate appraisers" by
satisfying certain qualification requirements established by the State Legislature.
Q. Under the Commission's proposed plan, must everyone who appraises real
estate bate a real estate license?
A. Yes. The only exceptions being considered by the Commission at this time
are full-time governmental employees (including county tax assessors and appraisers and
certain employees of appraisal firms when performing ad valorem tax appraisals for
counties) and full-time employees of state and federally chartered banks and savings and
loan associations when appraising real estate in connection with their employment. (Note:
These persons would, bowler, be required to obtain real estate licenses if they
wish to become "state certified real estate appraisers. ')
Q. Would the requirements for obtaining a real estate license be
changed?
A. Hopefully. The Commission plans to ask the State Legislature to add a separate
30-hour course in Real Estate Appraisal Fundamentals for applicants for broker licenses
and to increase the education requirements for a salesman license to 60 classroom hours
(now 30) to afford schools additional time to teach real estate appraisal and other
subjects.
Q. Why should I become a "state certified real estate
appraiser"?
A. Only real estate brokers and salesmen who have satisfied the qualification
requirements to be "state certified real estate appraisers" would be authorized
to use the term "state certified" (or any similar term implying state
certification) to identify themselves or their appraisals to the public. Consequently,
persons in need of red estate appraisal services (banks, savings and loan institutions,
governmental agencies, Individual consumers, etc.) would be assured that when they employ
a "state certified real estate appraiser," they have employed someone who has
met state-mandated standards of competency and will be held to a legally enforceable
standard of professional conduct.
Q. Will there be separate classes of certification?
A. Yes. Qualified real estate brokers and salesmen could be certified as either
"Residential' or "General" real estate appraisers. Certified Residential
Real Estate Appraisers could perform "certified" appraisals of residential
properties containing not more than four dwelling units. And Certified General Real Estate
Appraisers could perform "certified" appraisals of all types of real property.
(Note: Licensed real estate brokers and salesmen who are not state certified appraisers
could assist in performing certified appraisals so tong as they are supervised by the
state certified appraiser).
Q. What would the qualification requirements be for state certification
as a real estate appraiser?
A. To become a state certified real estate appraiser, applicants must (1) hold a
current North Carolina rest estate broker or salesman license, (2) be of good character,
(3) pass a written examination, and (4) satisfy the following education requirements:
ResidentialOne year full-time experience In real estate appraising, and completion
of two 30-classroom hour appraisal courses (Fundamentals and Residential Principles and
Practices); or the equivalent. GeneralTwo years' full-time experience in real estate
appraising, completion of two 30-classroom hour appraisal courses (Fundamentals and
Residential Principles and Practices), and completion of 60 additional hours covering
general real estate appraisal practices; or the equivalent. (Note: The federal
government's Office of Management and Budget is expected to issue a statement directing
certain federal agencies to utilize only those real estate appraisers who possess a
minimum level of appraisal education and experience and who have passed a comprehensive
qualifying examination. If this occurs, the Commission proposes to revise the above
certification requirements to comply with these federal directives).
Q. Must these appraisal courses be approved by the Real Estate
Commission?
A. Yes. The Commission would adopt standards for the offering of appraisal
courses. Although the Commission may accept "non-approved courses" as being
equivalent, these determinations would be made on a case-by-case basis. Therefore, persons
who enroll in appraisal courses prior to the adoption of these standards are advised that
the courses may not be accepted by the Commission for either precertification or
continuing education purposes.
Q. Would state certified appraisers be required to take continuing
education courses after they bare been certified ?
A. Possibly. The Red Estate Commission plans to ask the State Legislature for
authority to adopt rules establishing a continuing education program for state certified
appraisers. If the Commission determines that continuing education is needed, the amount
of continuing education required would not exceed 24 classroom hours for any two-year
period.
Q. How much would it cost to become state certified?
A. The Commission estimates that the application/examination fee for certification
would be between S100 and $150 and the annual renewal fee would be between $50 and $100.
The actual fees would reflect the costs of implementing and administering the appraiser
regulatory program.
Q. Would the Real Estate Commission seek the advice of professional
appraisers in implementing and administering the appraiser regulation program?
A. Yes. An advisory body consisting primarily of knowledgeable and experienced
appraisers would be created to give the Commission technical advice and assistance on
appraisal matted, including recommending standards for red estate appraiser education and
standards of practice for appraisers; developing or approving questions on appraisal
topics for real estate licensing and appraiser certification examinations; recommending to
the Red Estate Commission whether probable cause exists of a violation of the laws and
rules governing red estate appraisers; and providing expert testimony at hearings
Involving real estate appraisal subject matter. The Commission also supports legislation
requiring at least one member of the Real Estate Commission to be an experienced red
estate appraiser.
Q. When would the licensing requirements and voluntary certification
program become effective?
A. [If enacted by the State Legislature at its 1989 Session] After June 30, 1990,
persons who appraise real estate in North Carolina would have to be licensed as real
estate brokers and salesmen. (Note: Based upon a comprehensive survey conducted by the
Commission, it appears that approximately 91% of real estate appraisers in North Carolina
are either already licensed as real estate brokers or salesmen or would be exempt from the
licensure requirement because of their employment. And after October 1, 1990, real estate
appraisers in North Carolina could no longer identify themselves as being "state
certified" (or use any similar term) unless they have been certified by the Real
Estate Commission.
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