Code of Massachusetts Regulations
264 CMR - BOARD OF REGISTRATION OF REAL ESTATE APPRAISERS
Title 264 CMR 6.00 - Practice of Real Estate Appraisal
Section 6.01 - Scope of Practice
Universal Citation: 264 MA Code of Regs 264.6
Current through Register 1531, September 27, 2024
(1) Real Estate Appraisal Trainees.
(a) An Appraisal Trainee or
appraiser-in-training may assist a Supervising Appraiser in the performance of
Appraisal Assignments but may only perform such work when under the direct
supervision of a Supervising Appraiser if the work is outside of the permitted
scope of practice for the credential level held by the license or certificate
holder.
(b) The Appraiser Trainee
or Appraiser-in-training is permitted to have more than one supervising
appraiser.
(c) An appraisal log
shall be maintained jointly by the Supervising Appraiser and the Appraisal
trainee or Appraiser-in-training and shall, at a minimum, include the following
for each appraisal:
1. type of
property;
2. date of
report;
3. opinion of
value
4. Type of report (as defined
in USPAP);
5. client name and
address;
6. address of appraised
property;
7. description of work
performed, including a notation as to what work was directly performed by the
Appraisal trainee or Appraiser-in-training;
8. scope of supervision provided;
9. number of work hours; and
10. signature and state license number of the
Supervising Appraiser.
(d) Appraisal Trainees and
Appraisers-in-training shall be jointly responsible with the Supervising
Appraiser in maintaining and having required access to work-files.
(e) Appraisal Trainees and
Appraisers-in-training must work pursuant to a written contract as described in
264 CMR 6.00 in order to
obtain a higher level license.
(2) State-licensed Real Estate Appraisers.
(a) State-licensed
Real Estate Appraisers may appraise:
1.
non-complex one-to-four unit residential properties having a transaction value
of less than $1,000,000 and complex one-to-four unit residential properties
having a transaction value of less than $250,000;
2. vacant or unimproved land that is to be
utilized for one-to-four unit residential properties, and where the highest and
best use is for one-to-four unit residential purposes; and
3. properties as specified by federal law
12 U.S.C.
3301, et seq.
(b) State-licensed Real Estate
Appraisers may not appraise subdivisions wherein a development
analysis/appraisal is necessary and utilized.
(3) State-certified Residential Real Estate Appraisers.
(a)
State-certified Residential Real Estate Appraisers may appraise:
1. residential properties with one-to-four
units and complex one-to-four unit residential property, both without regard to
transaction value;
2. vacant or
unimproved land that is to be utilized for one-to-four unit residential use and
where the highest and best use is for one-to-four family unit residential
purposes; and
3. properties as
specified by federal law
12 U.S.C.
3301, et seq.
(b) State-certified Residential
Real Estate Appraisers may not appraise subdivisions wherein a development
analysis/appraisal is necessary and utilized.
(4) State-certified General Real Estate Appraisers. State-certified General Real Estate Appraisers may appraise all types of non-complex and complex real property, both residential and non residential.
(5) Temporary Licensed Appraisers. See 264 CMR 7.02(3): Temporary Registration.
(6) Supervising Appraisers.
(a)
Basic
Requirements.
1. Supervising
Appraisers whose license is suspended or under a period of probation or stayed
suspension may not supervise lower level Licensees. No individual may serve as
a Supervising Appraiser if they have been subject to any disciplinary action
within the last three years that affects their legal ability to engage in
appraisal practice.
2. Supervising
Appraisers may not be an employee of, or independent contractor reporting to,
an Appraisal Trainee, Appraiser-in-training, or corporate entity controlled by
such a Licensee to whom they are supervising.
3. Supervising Appraisers may not supervise
more than three Appraisal Trainees or Appraisers-in-training.
4. Supervising Appraisers must cooperate with
Appraisal Trainees and Appraisers-in-training when those individuals seek to
obtain a higher level license based on the supervision provided.
5. Each Supervising Appraiser supervising an
Appraisal Trainee or Appraiser-in-training is responsible for that individual's
physical site inspection skills. The Supervising Appraiser shall personally
inspect at least five appraised properties with the Appraisal Trainee or
Appraiser-in-training. The Supervising Appraiser must personally inspect
additional properties until the Supervising Appraiser determines that the
Appraisal Trainee or Appraiser-in-training is competent in accordance with
USPAP for the property type.
6. All
Supervising Appraisers and Appraisal Trainees or Appraisers-in-training must
sign the Appraisal Reports prepared in part or in whole by the Appraisal
Trainees or Appraisers-in-training. However, if the client requires Appraisal
Trainees or Appraisers-in-training not sign the report, but does not prohibit
the said individuals from participating in the work, Appraisal Trainees or
Appraisers-in-training may participate in an appraisal so long as the
Supervising Appraiser states both the names and license numbers of any
participating Appraisal Trainees or Appraisers-in-training as well as
summarizing the extent of their participation in the certification.
7. Supervising Appraisers are fully
responsible for the appraisal and the contents of the Appraisal Report. Any
Appraisal Trainee or Appraiser-in-training who assisted in the assignment is
also responsible.
8. Prior to
commencing any supervision, Supervising Appraisers must complete a Board
approved course regarding the requirements and responsibilities of trainees and
Supervisory Appraisers which meets the criteria of the AQB in accordance with
federal law,
12 U.S.C.
3345(a).
(b)
Record-keeping.
1.
Supervising Appraisers must maintain written policies and procedures that
outline their process for determining the competence of Appraisal Trainees or
Appraisers-in-training to ensure compliance with the competency rule of
USPAP.
2. Supervising Appraisers
must ensure that an appraisal log is maintained as required by 264 CMR
6.01(1)(c).
3. Supervising
Appraisers must ensure that the Appraisal Trainee or Appraiser-in-training
maintains an adequate work file. The Supervising Appraiser may review, alter,
correct, or make other recommendations regarding the work file, but must note
any corrections that have been made in writing to ensure that the corrected
work can be distinguished from that done by the Appraisal Trainee or
Appraiser-in-training without assistance.
4. In instances, where an Appraisal Trainee
or Appraiser-in-training does not sign the appraisal report, the Supervising
Appraiser must list, in writing in the report, the name, qualifications, and
specific portions of the appraisal process performed by the Appraisal Trainee
or Appraiser-in-training.
5.
Supervising Appraisers shall obtain a signed contract prior to commencing
supervision of an Appraisal Trainee or Appraiser-in-training. This contract
must be retained for at least five years after the termination of the
supervisory relationship. This contract must contain the following:
a. The full name, credentials, license
numbers, and office address of the Supervising Appraiser as well as the
Appraisal Trainee or Appraiser-in-training.
b. A description of how compensation will be
arranged for appraisal activities performed during the term of the
contract.
c. A description of the
scope of duties the Appraisal Trainee or Appraiser-in-training is authorized to
undertake, which must be consistent with USPAP, Massachusetts law, and 264
CMR.
d. A statement that the
Supervising Appraiser shall be the sole source of supervision and assistance on
any appraisal assignment unless otherwise stated in writing within an appraisal
report.
e. A statement describing
that the Appraisal Trainee or Appraiser-in-training shall sign an Appraisal
Report that they have worked on unless the scope of work and certification of
that report otherwise gives credit to the Appraisal Trainee or
Appraiser-in-training for work performed.
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