Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 36 - STATE BOARD OF CERTIFIED REAL ESTATE APPRAISERS
Subchapter E - APPRAISAL MANAGEMENT COMPANIES
DISCIPLINARY ACTION
Section 36.442 - Improper influence and other prohibited practices
Universal Citation: 49 PA Code ยง 36.442
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The following acts constitute improper influence or a practice in violation of AMCRA and this chapter, without proof of intent of the appraisal management company or its agent:
(1) A requirement that the appraiser collect
a fee from a borrower.
(2) A
requirement that the appraiser provide access to the appraiser's digital
signature.
(3) A prohibition on the
appraiser to report the fee for the appraisal services.
(4) A prohibition on the appraiser to note or
report real property appraisal assistance.
(5) Nonpayment of, or refusal to pay for,
appraisal services rendered for a reason other than the breach of agreement or
substandard performance by the appraiser.
(6) A clause or provision in an order
requiring an appraiser to indemnify or hold harmless for acts or omissions of a
person other than the appraiser.
(7) A clause or provision in an order
requiring an appraiser to have a duty to defend the appraisal management
company in a civil action or proceeding.
(8) Removal of an appraiser from the
appraiser panel without notice and opportunity for rebuttal.
(9) A request to an appraiser to provide
comparable properties for a specified property prior to completion of the
appraisal report.
(b) The following acts, if committed with the intent to influence or attempt to influence the development, reporting, result or review of an appraisal, constitute improper influence or a practice in violation of AMCRA and this chapter:
(1) A pattern or course of conduct
involving repeated review of appraisals that is not performed in accordance
with the appraisal management company's policy for appraisal reviews or quality
control functions.
(2) A limitation
on the time of completion of an appraisal assignment that impairs the
credibility of the report. For purposes of this paragraph, a time limitation or
deadline established for the purpose of completing the assignment to complete a
transaction by a date established by agreement of parties other than the
appraisal management company does not constitute improper influence or practice
in violation of AMCRA and this chapter.
(3) A delay in payment for appraisal services
that violates the appraisal management company's policy for payment.
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