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Current through October 23, 2012
(a) It shall be unlawful for any person in the District to directly or indirectly engage in, advertise, conduct the business of, or act in any capacity as a licensed or certified real estate appraiser or use any title, designation, or abbreviation likely to create the impression of licensure by the District as a real property appraiser for compensation within the District without first obtaining a license as provided in this subchapter.
(b) Any person certified as a real property or real estate appraiser by an appraisal trade organization shall retain the right to use the term "certified" or any similar term in identifying himself or herself to the public, provided that in each instance that the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term and that the use of the term "certified" does not create the impression of licensure by the District.
(c) Nothing in this subchapter shall abridge, infringe upon, or otherwise restrict the right to use the term "certified assessor" or any similar term by any person certified by the Office of Tax and Revenue to perform ad valorem tax appraisal, provided that the term is not used in a manner that creates the impression of licensure or certification by the District to perform real estate or real property appraisals other than for ad valorem tax purposes.
(d) No license shall be issued under the provisions of this subchapter to a partnership, association, corporation, firm, or group, nor shall the term "certified real estate appraiser" or any similar term be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group or in a manner that might create the impression of licensure or certification by the District as a real estate appraiser. Nothing in this subsection shall be construed to preclude a licensed real estate appraiser from rendering an appraisal for or on behalf of a partnership, association, corporation, firm, or group, provided that the appraisal report is prepared by, or under the immediate personal direction of the licensed real estate appraiser.
(e) Any person who is not licensed or certified under this part may assist a licensed or certified real estate appraiser in the performance of an appraisal if he or she registers with the Board as an appraiser trainee, complies with the registration and practice requirements established by the Board, by rule, and is actively and personally supervised by the licensed or certified real estate appraiser. An appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser.
(f) It shall be unlawful for any person who performs an appraisal of real estate located in the District to describe or refer to the appraisal by the term "certified" or any similar term unless the person has first been licensed by the Board under the provisions of this subchapter. Nothing in this subchapter shall require a licensed real estate appraiser to render a "certified" real estate appraisal when performing an appraisal assignment. If a licensee or appraiser trainee performs a real estate appraisal that is not represented as being "certified", the appraiser shall clearly inform the person to whom the appraisal report is given and prominently disclose on the appraisal report that the appraisal is not a "certified" real estate appraisal.
(g) Nothing herein shall be construed to prohibit a real estate broker or salesperson, in the ordinary course of business, from giving an opinion of the price of real estate for the purpose of a prospective listing or sale, if the opinion of the price does not refer to or cannot be construed as an appraisal.
(h) Nothing herein shall be construed to prohibit persons who determine the value of items other than real estate from using the term "appraiser" if they do not hold themselves out or imply that they are authorized to appraise real estate or real property.
(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(k), 53 DCR 4718.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2853.153.
Effect of Amendments
D.C. Law 16-130, in subsec. (a), deleted "or certification" following "licensure" and deleted "or certificate" following "license"; in subsec. (b), deleted "or certification" following "licensure" and substituted "real property or real estate" for "real estate" and "and that the use of the term 'certified' does" for "and that the use of the term does"; in subsec. (c), substituted "perform real estate or real property" for "perform real estate"; in subsec. (d), deleted "or certified" following "licensed" and "or certificate" following "license"; rewrote subsec. (e); in subsec. (f), deleted "or certified" following "licensed" and substituted "If a licensee or appraiser trainee" for "If a licensed or certified real estate appraiser"; and, in subsec. (h), substituted "appraise real estate or real property" for "appraise real estate". Prior to amendment, subsec. (e) read as follows:
"(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she is actively and personally supervised by the licensed or certified real estate appraiser and that any appraisal report rendered in connection with the appraisal is reviewed and signed by the licensed or certified real estate appraiser."
Temporary Amendments of Section
Section 2(l) of D.C. Law 16-101, in subsec. (a), deleted "or certification" and "or certificate"; in subsec. (b), substituted "real property or real estate" for "real estate", substituted "use of the term 'certified"' for "use of the term", and deleted "or certification"; in subsec. (c), substituted "real estate or real property" for "real estate"; in subsec. (d), deleted "or certificate" and "or certified"; in subsec. (f), deleted "or certified", and substituted "If a licensee or appraiser trainee" for "If a licensed or certified real estate appraiser"; in subsec. (h), substituted "real estate or real property" for "real estate"; and amended subsec. (e) to read as follows:
"(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she registers with the Board as a Appraiser Trainee, complies with the registration and practice requirements established by the Board by regulation, and is actively and personally supervised by the licensed or certified real estate appraiser. Any appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser."
Section 4(b) of D.C. Law 16-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(l) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
For temporary (90 day) addition of section, see § 2(m) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 16-130, see notes following § 47-2853.06.
