Chapter 7 Jurisdictional Requirements Flashcards
The law that created licensing and certification for appraisers in Indiana is known as
P.L 186-1990. We will refer to this law simply as “the license law”
(1) represents the final opinion of the value of real property that is the subject of a real estate transaction; and
(2) serves as the basis for the extension of credit, in the case of a real estate transaction involving the making, refinancing, or consolidation of a mortgage loan.
(b) The term may include any of the following:
(1) The results of an automated valuation model.
(2) A broker’s price opinion.
Appraisal
a sole proprietorship, firm, corporation, partnership, limited liability company, limited liability partnership, joint venture, trust, or other business unit or association that:
(1) performs appraisals on a regular basis for compensation through one (1) or more owners, officers, employees, or agents; or
(2) holds itself out to the public as performing appraisals.
Appraisal Company
a person who prepares the appraisal for a real estate transaction in Indiana, regardless of whether the person is licensed or certified, or required to be licensed or certified, under the real estate appraiser licensure and certification program established under IC 25-34.1-3-8.
Real Estate Appraiser
a transaction that involves one (1) or both of the following:
(1) The sale or lease of any legal or equitable interest in real estate located in Indiana.
(2) The making, refinancing, or consolidation of a mortgage loan
Real Estate Transaction
The License law also sets forth general powers and duties of the Real Estate Appraiser Licensure and Certification Board (the board), some of which include:
Approve and disapprove applications for licensure and certification
Issue licenses and certificates
The Board also has the legal authority to submit recommendations to the Indiana Real Estate Commission concerning the following:
Implementation and operation of the real estate appraiser licensure and certification program
Rules governing licensed and certified real estate appraisers
Establishing a fee to fund the investigative fund
Rules governing the administration of the investigative fund
Indiana is slightly different than some other states in that the Appraisal Board cannot
independently make administrative rules
the Commission actually promulgates
the rules
The Commission is not permitted to promulgate rules without the
Board’s approval
The real estate appraiser licensure and certification requirements established by the commission under this section must require a person to meet the standards for real estate appraiser certification and licensure established:
under the federal act;
by federal regulations; and
under any other requirements established by the commission as recommended by the board, including requirements for education, experience, examination, reciprocity, and temporary practice.
f a person performs the acts of a licensed real estate appraiser without a license or the acts of a certified real estate appraiser without a certificate…
that person commits a Class B infraction.
1) Indiana licensed trainee appraiser.
(2) Indiana licensed residential appraiser.
(3) Indiana certified residential appraiser.
(4) Indiana certified general appraiser.
License
he real estate appraiser licensure and certification board established under IC 25-34.1-8-1.
Board
The Commission’s rules allow the Board to issue three (3) types of licenses, specifically:
Indiana Licensed Trainee Appraiser
Indiana Certified Residential Appraiser
Indiana Certified General Appraiser
To qualify for a Trainee Appraiser license in Indiana, an applicant must:
Must have completed 75 hours of qualifying education (more on this on the next page); and
Complete a Supervisor-Trainee orientation conducted in compliance with AQB requirements (i.e., this course)
Pass an examination
To qualify for a Trainee Appraiser license in Indiana, an individual must complete 75 classroom hours in the AQB Core Curriculum of appraisal qualifying education courses, specifically:
Basic Appraisal Principles (30 hours)
Basic Appraisal Procedures (30 hours)
15-Hour National USPAP Course or equivalent (15 hours)