58-4103. Certification or licensure, when required; temporary certification or licensure; penalty for violations; exemptions.
58-4103
58-4103. Certification or licensure, when required;temporary certification or licensure; penalty for violations;exemptions.(a) Except as provided in subsection (b), no person, otherthan a state certified or licensed appraiser, shall:
(1) Engage in any written appraisal inconnection with a real estate-related financial transaction;
(2) assume or use the title of state certified or licensedappraiser or any title, designation or abbreviation likely to create theimpression of certification or licensure as a real estate appraiser bythis state; or
(3) advertise or otherwise represent in any manner that such person is astate certified or licensed appraiser.
(b) The board shall recognize on a temporary basis the certification orlicense of an appraiser issued by another state if:
(1) The property to be appraised is part of areal estate-related financial transaction;
(2) the appraiser's business in this state is of a temporary nature; and
(3) the appraiser registers with the board, as prescribed by the board.
(c) Violation of subsection (a) is a class Anonperson misdemeanor.
(d) An individual who is not a state certified or licensed appraiser mayassist in the preparation of an appraisal if: (1) The assistant is under thedirect supervision of an individual who is a state licensed or certifiedappraiser; and (2) the final appraisal document is approved and signed by anindividual who is a state certified or licensed appraiser.
(e) (1) The provisions of paragraph (1) of subsection (a) shall not beapplicable to financial institutions engaging in real estate-related financialtransactions and otherwise subject to K.S.A. 58-4101 et seq., and amendmentsthereto, when the following conditions are met:
(A) An employee of the financial institution conducts an appraisal as definedin subsection (a) of K.S.A. 58-4102, and amendments thereto, or conducts anevaluation in accordance with state and federal banking regulations; and
(B) when the loan that is the subject of such appraisal is not intended to besold in the secondary market and is intended to be held by the financialinstitution for the life of the loan.
(2) If the financial institution disposes of the loan granted under paragraph(1)(B) of this subsection in the secondary market, such financial institutionshall be required to obtain an appraisal by a state licensed or certifiedappraiser as required by paragraph (1) of subsection (a). The employee of thefinancial institution that conducted the prior appraisal shall not beconsidered to be an appraiser under the law unless such person is a statecertified or licensed appraiser.
(f) The provisions of paragraph (1) of subsection (a) shall not preclude anindividual licensed as a real estate broker or salesperson pursuant to K.S.A.58-3034 et seq., and amendments thereto, from performing and providing acomparative market analysis or broker's price opinion to a customer, client orthird party for compensation in the ordinary course of business. In no eventshall such comparative market analysis or broker's price opinion be referred toas an appraisal nor shall such individual represent such individual's self as acertified or licensed appraiser under this act unless such person is a statecertified or licensed appraiser.
(g) The provisions of paragraph (1) of subsection (a) shall not precludean individual licensed as a certified public accountant pursuant to K.S.A.1-301 et seq., and amendments thereto, from performing and providing servicesas a certified public accountant or as otherwise allowed by law. In no eventshall any report by a certified public accountant be referred to as anappraisal nor shall such certified public accountant represent suchindividual's selfas a state certified or licensed appraiser unless such certified publicaccountant is a state certified or licensed appraiser.
(h) The provisions of paragraph (1) of subsection (a) shall not preclude anindividual licensed as an attorney pursuant to K.S.A. 7-103 et seq., andamendments thereto, from performing and providing services as an attorney or asotherwise allowed by law. In no event shall any report by an attorney bereferred to as an appraisal nor shall such attorney represent such individual'sself as a state certified or licensed appraiser unless such attorney is a statecertified or licensed appraiser.
(i) The provisions of paragraph (1) of subsection (a) shall not beapplicable to employees of the Kansas department of transportation performingappraisals for the department for the purpose of real property acquisition ordisposal of real property by the department. In no event shallsuch employee performing suchappraisal represent such individual's self as a state certified or licensedappraiser unless such employee is a state certified or licensed appraiser.
(j) The provisions of paragraph (1) of subsection (a) shall not preclude anindividual licensed as an insurance agent pursuant to K.S.A. 40-4901 et seq.,and amendments thereto, or an individual retained by an insurance company,while acting within the scope of the Kansas insurance code, from performing andproviding services as an insurance agent or an individual retained by aninsurance company as otherwise allowed by law. In no event shall any report byan insurance agent or an individual retained by an insurance company bereferred to as an appraisal nor shall such insurance agent or an individualretained by an insurance company represent such individual's self as a statecertified or licensed appraiser unless such employee is a state certified orlicensed appraiser.
History: L. 1990, ch. 270, § 3;L. 1991, ch. 164, § 3;L. 2008, ch. 153, § 3; July 1.