Utah Code 61-2g-301. License or certification required
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(1) Except as provided in Subsection (2), it is unlawful for a person to prepare, for valuable consideration, an appraisal, an appraisal report, a certified appraisal report, or perform a consultation service relating to real estate or real property in this state without first being licensed or certified in accordance with this chapter.
Terms Used In Utah Code 61-2g-301
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real estate or identified real property. See Utah Code 61-2g-102
- Appraisal report: means a communication, written or oral, of an appraisal. See Utah Code 61-2g-102
- Board: means the Real Estate Appraiser Licensing and Certification Board that is established in Section 61-2g-204. See Utah Code 61-2g-102
- Certified appraisal report: means a written or oral appraisal report that is certified by a state-certified general appraiser or state-certified residential appraiser. See Utah Code 61-2g-102
- Consultation service: means an engagement to provide a real estate valuation service analysis, opinion, conclusion, or other service that does not fall within the definition of appraisal. See Utah Code 61-2g-102
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 61-2g-102
- Evaluation: means an opinion on the market value of real property or real estate that:(1)(l)(i) is made in accordance with the Interagency Appraisal and Evaluation Guidelines; and(1)(l)(ii) is provided to a financial institution for use in a real estate related transaction for which the regulations of the federal financial institutions regulatory agencies do not require an appraisal. See Utah Code 61-2g-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real estate: means an identified parcel or tract of land including improvements if any. See Utah Code 61-2g-102
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means one or more defined interests, benefits, or rights inherent in the ownership of real estate. See Utah Code 61-2g-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) This section does not apply to:(2)(a) a principal broker, associate broker, or sales agent as defined by Section 61-2f-102 licensed by this state who, in the ordinary course of the broker’s or sales agent’s business, gives an opinion regarding the value of real estate:(2)(a)(i) to a potential seller or third-party recommending a listing price of real estate; or(2)(a)(ii) to a potential buyer or third-party recommending a purchase price of real estate;(2)(b) an employee of a company who states an opinion of value or prepares a report containing value conclusions relating to real estate or real property solely for the company’s use;(2)(c) an official or employee of a government agency while acting solely within the scope of the official’s or employee’s duties, unless otherwise required by Utah law;(2)(d) an auditor or accountant who states an opinion of value or prepares a report containing value conclusions relating to real estate or real property while performing an audit;(2)(e) an individual, except an individual who is required to be licensed or certified under this chapter, who states an opinion about the value of property in which the individual has an ownership interest;(2)(f) an individual who states an opinion of value if no consideration is paid or agreed to be paid for the opinion and no other party is reasonably expected to rely on the individual’s appraisal expertise;(2)(g) an individual, such as a researcher or a secretary, who does not render significant professional assistance, as defined by the board, in arriving at a real estate appraisal analysis, opinion, or conclusion;(2)(h) an attorney authorized to practice law in any state who, in the course of the attorney’s practice or tax appeal services, uses an appraisal report governed by this chapter or who states an opinion of the value of real estate; or(2)(i) an individual who is not an appraiser who presents or provides a price estimate, evidence, or property tax information solely for a property tax appeal in accordance with Section 59-2-1017.(3) An opinion of value or report containing value conclusions exempt under Subsection (2) may not be referred to as an appraisal.(4) Except as provided in Subsection (2), to prepare or cause to be prepared in this state an appraisal, an appraisal report, or a certified appraisal report, an individual shall:(4)(a) apply in writing for licensure or certification as provided in this chapter in the form the division may prescribe; and(4)(b) become licensed or certified under this chapter.(5) Subject to rules made in accordance with Section 61-2g-205, a person licensed or certified under this chapter may provide an evaluation.