North Carolina General Statutes 93E-1-3. When registration, license, or certificate not required
(a) No trainee registration, license, or certificate shall be issued under the provisions of this Chapter to a partnership, association, corporation, firm, or group. However, nothing herein shall preclude a registered trainee or licensed or certified real estate appraiser from rendering appraisals for or on behalf of a partnership, association, corporation, firm, or group, provided the appraisal report is prepared by a licensed or certified real estate appraiser or by a registered trainee under the immediate personal direction of the certified real estate appraiser and is reviewed and signed by that certified appraiser.
(b) Repealed by Session Laws 2001-399, s. 1, effective October 1, 2001.
(c) Nothing in this Chapter shall preclude a real estate broker licensed under Chapter 93A of the N.C. Gen. Stat. from performing a broker price opinion or comparative market analysis as defined in N.C. Gen. Stat. § 93E-1-4, provided the person does not represent himself or herself as being a registered trainee or a licensed or certified real estate appraiser, and provided they follow the standards set forth in Article 6 of Chapter 93A.
(d) Nothing in this Chapter shall abridge, infringe upon, or otherwise restrict the right to use the term “certified ad valorem tax appraiser” or any similar term by persons certified by the Department of Revenue to perform ad valorem tax appraisals, provided that the term is not used in a manner that creates the impression of certification by the State to perform real estate appraisals other than ad valorem tax appraisals.
(e) Nothing in this Chapter shall entitle a registered trainee or a licensed or certified real estate appraiser to appraise real estate for ad valorem tax purposes unless the person has first been certified by the Department of Revenue pursuant to N.C. Gen. Stat. § 105-294
(f) Except as otherwise provided in subsection (g) of this section, a trainee registration, license, or certificate is not required under this Chapter for any of the following:
(1) Any person, partnership, association, or corporation that performs appraisals of property owned by that person, partnership, association, or corporation for the sole use of that person, partnership, association, or corporation.
Terms Used In North Carolina General Statutes 93E-1-3
- Appraisal: A determination of property value.
- appraiser: means a person who for a fee or valuable consideration develops and communicates real estate appraisals or otherwise gives an opinion of the value of real estate or any interest therein. See North Carolina General Statutes 93E-1-4
- Certificate: means that document issued by the North Carolina Appraisal Board evidencing that the person named therein has satisfied the requirements for certification as a certified real estate appraiser and bearing a certificate number assigned by the Board. See North Carolina General Statutes 93E-1-4
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- License: means that document issued by the North Carolina Appraisal Board evidencing that the person named therein has satisfied the requirements for licensure as a licensed real estate appraiser and bearing a license number assigned by the Board. See North Carolina General Statutes 93E-1-4
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Any court-appointed commissioner who conducts an appraisal pursuant to a judicially ordered evaluation of property.
(3) Any person to qualify as an expert witness for court or administrative agency testimony, if otherwise qualified.
(4) A person who appraises standing timber so long as the appraisal does not include a determination of value of any land.
(5) Any person employed by a lender in the performance of appraisals with respect to which federal regulations do not require a licensed or certified appraiser.
(6) A person who performs ad valorem tax appraisals and is certified by the Department of Revenue under N.C. Gen. Stat. § 105-294 or N.C. Gen. Stat. § 105-296
(7) A person who prepares a Right-of-Way Claim Report pursuant to N.C. Gen. Stat. § 136-19.6
(g) Notwithstanding any provision of subsection (f) of this section to the contrary, any person who is registered, licensed, or certified under this Chapter and who performs any of the activities set forth in subdivisions (1) through (5) of subsection (f) of this section must comply with all of the provisions of this Chapter. The provisions of this Chapter shall not apply to certified real estate appraisers who perform a broker price opinion or comparative market analysis pursuant to N.C. Gen. Stat. § 93E-1-3(c), as long as the appraiser is licensed as a real estate broker by the North Carolina Real Estate Commission and does not refer to himself or herself as an appraiser in the broker price opinion or comparative market analysis. (1993, c. 419, s. 6; 1995, c. 482, s. 2; 2001-399, s. 1; 2007-506, s. 2; 2012-163, s. 3; 2013-403, s. 1; 2018-74, s. 1(b).)