W. Va. Code § 30-38A-14

Current through 2024 First Special Session
Section 30-38A-14 - Unprofessional conduct

An appraisal management company commits unprofessional conduct if it:

(1) Requires an appraiser to modify an aspect of an appraisal which modification is not related to substandard performance or noncompliance with the terms of a contract or agreement;
(2) Requires an appraiser to prepare an appraisal when the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary expertise for the specific geographic area or is otherwise not competent to perform the appraisal;
(3) Requires an appraiser to prepare an appraisal under a certain time frame that the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary time to meet all the necessary and relevant legal and professional obligations;
(4) Prohibits or inhibits communication between an appraiser and any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant;
(5) Requests an appraiser to do anything that does not comply with:
(A) The USPAP; or
(B) The requests of the client; or
(6) Makes any portion of the appraiser's fee or the appraisal management company's fee contingent on a favorable outcome, including:
(A) A loan closing; or
(B) An appraisal for a specific dollar amount.

W. Va. Code § 30-38A-14

Added by 2013 Acts, ch. 156 (HB 2608), eff. 7/12/2013.