61-2b-3 - License or certification required. - Utah Statutes

61-2b-3. License or certification required.
(1) Except as provided in Subsection (2) and in Subsection 61-2b-6(2), it is unlawful fora person to prepare, for valuable consideration, an appraisal, an appraisal report, a certifiedappraisal report, or perform a consultation service relating to real estate or real property in thisstate without first being licensed or certified in accordance with this chapter.
(2) This section does not apply to:
(a) a principal broker, associate broker, or sales agent as defined by Section 61-2f-102licensed by this state who, in the ordinary course of the broker's or sales agent's business, givesan opinion:
(i) regarding the value of real estate;
(ii) to a potential seller or third party recommending a listing price of real estate; or
(iii) to a potential buyer or third party recommending a purchase price of real estate;
(b) an employee of a company who states an opinion of value or prepares a reportcontaining value conclusions relating to real estate or real property solely for the company's use;
(c) an official or employee of a government agency while acting solely within the scopeof the official's or employee's duties, unless otherwise required by Utah law;
(d) an auditor or accountant who states an opinion of value or prepares a reportcontaining value conclusions relating to real estate or real property while performing an audit;
(e) an individual, except an individual who is required to be licensed or certified underthis chapter, who states an opinion about the value of property in which the person has anownership interest;
(f) an individual who states an opinion of value if no consideration is paid or agreed to bepaid for the opinion and no other party is reasonably expected to rely on the individual's appraisalexpertise;
(g) an individual, such as a researcher or a secretary, who does not render significantprofessional assistance, as defined by the board, in arriving at a real estate appraisal analysis,opinion, or conclusion; or
(h) an attorney authorized to practice law in this state who, in the course of the attorney'spractice, uses an appraisal report governed by this chapter or who states an opinion of the valueof real estate.
(3) An opinion of value or report containing value conclusions exempt under Subsection(2) may not be referred to as an appraisal.

Amended by Chapter 379, 2010 General Session