reglab/housing_qa huggingface dataset:
MN Stat § 82B.035 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.035 — Exemption.

82B.035 EXEMPTION. Subdivision 1. Market analysis. This chapter does not apply to a licensed real estate salesperson or broker who, in the ordinary course of the licensee's business, gives a market analysis of the price of real estate, if the market analysis is not referred to or construed as an appraisal. Subd. 1a. Broker price opinion. (a) This chapter does not apply to a licensed real estate salesperson, broker, or real estate appraiser who prepares a broker price opinion in accordance with section 82.735. In connection with the purchase of a consumer's principal dwelling, a broker price opinion may not be used as the primary basis to determine the value of a parcel of property for the purpose of a loan origination of a residential mortgage loan secured by the parcel of property. (b) An appraiser preparing a broker price opinion shall disclose that the appraiser is not acting as an appraiser in preparing the broker price opinion and that the broker price opinion is not an appraisal or appraisal assignment and, therefore, is not subject to USPAP. Subd. 2. Assessors. Nothing in this chapter shall be construed as requiring the licensing of persons employed and acting in their capacity as assessors for political subdivisions of the state and performing duties enumerated in section 273.061, subdivision 7 or 8. Subd. 3. Geologists or engineers. This chapter does not apply to an appraisal, analysis, opinion, or conclusion as to the value of oil, gas, coal, and other mineral resources performed by an engineer registered as provided in sections 326.02 to 326.15 or by a certified professional geologist, unless the appraisal, analysis, opinion, or conclusion of value is performed in connection with a federally related transaction subject to the requirements of United States Code, title 12, section 3331, et seq., the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Subd. 4. Department of Revenue. This chapter does not require persons employed by, or under contract to, the Department of Revenue to be licensed in order to perform, conduct, or assist in, an appraisal done within the scope of their employment or contract duties. History:  1989 c 341 art 1 s 3; 1993 c 309 s 23; 1993 c 375 art 3 s 1; 2008 c 337 s 64; 2010 c 354 s 1; 2011 c 15 s 6
MN Stat § 82B.04 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.04 — Responsibility For Agents.

82B.04 RESPONSIBILITY FOR AGENTS. A real estate appraiser is responsible for the acts of persons acting on the appraiser's behalf. History:   1989 c 341 art 1 s 4
MN Stat § 82B.07 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.07 — Powers Of The Commissioner.

82B.07 POWERS OF THE COMMISSIONER. The commissioner shall: (1) receive applications for licenses; (2) establish the procedures for processing applications for licensing; (3) issue a license for appraisers; (4) maintain a registry of the names and addresses of people licensed under this chapter; (5) keep records and all application materials submitted to the commissioner; (6) conduct investigations; (7) deny, revoke, and suspend licenses; and (8) take other actions necessary to carry out the purposes of this chapter. History:   1989 c 341 art 1 s 7
MN Stat § 82B.071 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.071 — Records.

82B.071 RECORDS. Subdivision 1. Examination of records. The commissioner may make examinations within or without this state of each real estate appraiser's records at such reasonable time and in such scope as is necessary to enforce the provisions of this chapter. Subd. 2. Retention. Licensees shall keep a separate work file for each appraisal assignment, which is to include copies of all contracts engaging his or her services for the real estate appraisal, appraisal reports, and all data, information, and documentation assembled and formulated by the appraiser to support the appraiser's opinions and conclusions and to show compliance with USPAP, for a period of five years after preparation, or at least two years after final disposition of any judicial proceedings in which the appraiser provided testimony or was the subject of litigation related to the assignment, whichever period expires last. Appropriate work file access and retrieval arrangements must be made between any trainee and supervising appraiser if only one party maintains custody of the work file. History:   2009 c 178 art 1 s 51
MN Stat § 82B.072 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.072 — Formal Complaints.

82B.072 FORMAL COMPLAINTS. For the purposes of this chapter, an inquiry alleging noncompliance with this chapter that does not result in a disciplinary action, including any informal disposition of a case or an action pursuant to this chapter or section 45.027, does not constitute a formal complaint under this chapter or section 45.027. History:   2017 c 37 s 2
MN Stat § 82B.09 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.09 — Fees.

82B.09 FEES. Subdivision 1. Amounts. (a) The following fees must be paid to the commissioner: (1) $150 for each initial individual real estate appraiser's license; and (2) $100 for each renewal. (b) In addition to the fees required under this subdivision, individual real estate appraisers shall pay a technology surcharge of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge as permitted under that section. Subd. 2. Forfeiture. All fees must be kept by the commissioner and are nonreturnable, except that an overpayment of a fee shall be refunded upon proper application. Subd. 3. Fees to Appraisal Subcommittee. In addition to the fees required for licensure under this section, the commissioner must collect and remit such other fees as are required by the Appraisal Subcommittee. History:  1989 c 341 art 1 s 9; 1992 c 513 art 3 s 29; 1994 c 632 art 4 s 41; 1997 c 200 art 1 s 49; 1Sp2005 c 1 art 4 s 9; 2007 c 57 art 3 s 38; 2009 c 63 s 67; 1Sp2019 c 7 art 10 s 6
MN Stat § 82B.093 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.093 — Trainee Real Property Appraiser.

82B.093 TRAINEE REAL PROPERTY APPRAISER. (a) A trainee real property appraiser shall be subject to direct supervision by a certified residential real property appraiser or certified general real property appraiser in good standing. (b) A trainee real property appraiser is permitted to have more than one supervising appraiser. (c) The scope of practice for the trainee real property appraiser classification is the appraisal of those properties which the supervising appraiser is permitted by his or her current credential and that the supervising appraiser is qualified and competent to appraise. (d) A trainee real property appraiser must have a supervisor signature on each appraisal that he or she signs, or must be named in the appraisal as providing significant real property appraisal assistance to receive credit for experience hours on his or her experience log. (e) The trainee real property appraiser must maintain copies of appraisal reports he or she signed or copies of appraisal reports where he or she was named as providing significant real property appraisal assistance. (f) The trainee real property appraiser must maintain copies of work files relating to appraisal reports he or she signed. (g) Separate appraisal logs must be maintained for each supervising appraiser. History:   2009 c 178 art 1 s 53
MN Stat § 82B.095 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.095 — Appraiser Qualification Components.

82B.095 APPRAISER QUALIFICATION COMPONENTS. Subdivision 1.  [Repealed, 2013 c 135 art 3 s 23] Subd. 2.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 3. Conformance to Appraisal Qualifications Board criteria. (a) The requirements to obtain a trainee real property appraiser, licensed real property appraiser, certified residential real property appraiser, or certified general real property appraiser license are the education, examination, and experience requirements established by the Appraiser Qualifications Board of the Appraisal Foundation and published in the most recent version of the Real Property Appraiser Qualification Criteria. (b) An applicant must complete the applicable education and experience requirements before taking the required examination. History:  2005 c 100 s 9; 2006 c 235 s 1; 2013 c 135 art 3 s 11; 1Sp2019 c 7 art 10 s 7
MN Stat § 82B.105 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.105 — Reciprocity.

82B.105 RECIPROCITY. The education, experience, and examination requirements of this chapter may be waived by the commissioner for individuals of other jurisdictions if: (1) the individual is licensed in another jurisdiction and is listed in good standing on the National Registry maintained by the Appraisal Subcommittee, and (2) the licensing requirements of that jurisdiction are substantially similar to the provisions of this chapter. History:   2014 c 198 art 1 s 4
MN Stat § 82B.11 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.11 — Classes Of License.

82B.11 CLASSES OF LICENSE. Subdivision 1. Generally. There are five classes of license for real estate appraisers. Subd. 2.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 2a. Trainee real property appraiser. The scope of practice for a trainee real property appraiser is the appraisal of properties which a certified residential real property appraiser or certified general real property appraiser acting as the supervisory appraiser is permitted and competent to appraise. Subd. 3. Licensed residential real property appraiser. A licensed residential real property appraiser may appraise noncomplex residential property or agricultural property having a transaction value less than $1,000,000 and complex residential or agricultural property having a transaction value less than $400,000. Subd. 4. Certified residential real property appraiser. A certified residential real property appraiser may appraise residential property or agricultural property without regard to transaction value or complexity. Subd. 5. Certified general real property appraiser. A certified general real property appraiser may appraise all types of real property. Subd. 6. Temporary practice. (a) The commissioner shall issue a license for temporary practice as a real estate appraiser under subdivision 3, 4, or 5 to a person certified or licensed by another state if: (1) the appraiser's business is of a temporary nature; and (2) the appraiser registers with the commissioner to obtain a temporary license before conducting appraisals within the state. (b) The term of a temporary practice license is the lesser of: (1) the time required to complete the assignment; or (2) 12 months. If more than 12 months are necessary to complete the assignment, a new temporary application and fee is required. History:  1989 c 341 art 1 s 11; 1991 c 97 s 4; 1992 c 363 art 1 s 3; 1992 c 587 art 4 s 1,2; 1993 c 309 s 25; 2005 c 100 s 11; 2006 c 235 s 2,3; 2011 c 108 s 45; 1Sp2019 c 7 art 10 s 8,9; 1Sp2021 c 4 art 3 s 26
MN Stat § 82B.13 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.13 — Education Prerequisites.

82B.13 EDUCATION PREREQUISITES. Subdivision 1. Trainee real property appraiser. As a prerequisite for licensing as a trainee real property appraiser, an applicant must present evidence satisfactory to the commissioner that the person has successfully completed a six-hour course that is specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers. A course approved by the commissioner for the purposes of this subdivision must be given the course title "Minnesota Supervisor/Trainee Appraiser Course." This course must not be counted toward qualifying education to upgrade to a higher level appraiser license. Subd. 1a.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 2.  [Repealed, 1991 c 97 s 17] Subd. 3.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 4.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 5.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 6.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 7.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] Subd. 8.  MS 2018 [Repealed, 1Sp2019 c 7 art 10 s 15] History:  1989 c 341 art 1 s 13; 1991 c 97 s 5-7; 1992 c 587 art 4 s 3; 1993 c 309 s 31; 1997 c 222 s 37-39; 2005 c 100 s 12-15; 2006 c 235 s 4-8; 2009 c 63 s 69-71; 2011 c 108 s 46; 2013 c 135 art 3 s 13-17; 2014 c 198 art 1 s 5; 1Sp2019 c 7 art 10 s 10
MN Stat § 82B.135 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.135 — Course Completion Certifications For Real Estate Appraiser License.

82B.135 COURSE COMPLETION CERTIFICATIONS FOR REAL ESTATE APPRAISER LICENSE. Subdivision 1. Submitting to commissioner. An applicant for a real estate appraiser license must submit to the commissioner, along with an application for licensure and in a manner prescribed by the commissioner, evidence that the applicant has completed all required prelicensing education coursework applicable to the class of license sought. Subd. 2. Forms. The real estate appraiser prelicensing education course completion certificate must be on forms provided by the commissioner. Subd. 3. Copies to be maintained. Students are responsible for maintaining copies of course completion certificates. History:  2009 c 63 s 72; 2014 c 198 art 1 s 6
MN Stat § 82B.15 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.15 — Nonresident Service Of Process.

82B.15 NONRESIDENT SERVICE OF PROCESS. Subdivision 1. Appointment of commissioner. A nonresident, before being licensed as a real estate appraiser, shall appoint the commissioner and a successor or successors in office as true and lawful attorney, upon whom may be served all legal process in an action or proceedings against the person, or in which the person may be a party, in relation to or involving a transaction covered by this chapter or a rule or order under this chapter. The appointment is irrevocable. Service upon the attorney is as valid and binding as if due and personal service had been made upon the person. The appointment is effective upon the issuance of the license in connection with which the appointment was filed. Subd. 2. Effect of nonappointment. The commission of an act constituting a violation of this chapter or rule or order adopted under this chapter by a nonresident person who has not appointed the commissioner as attorney in compliance with subdivision 1, is conclusively considered an irrevocable appointment by the person of the commissioner and a successor or successors in an action or proceedings against the nonresident or in which the nonresident may be a party in relation to or involving the violation. The violation is a signification of agreement that all legal process that is served is as valid and binding upon the nonresident as if due and personal service had been made. Subd. 3. Procedure. Service of process under this section shall be made in compliance with section 45.028, subdivision 2. History:  1989 c 341 art 1 s 15; 1991 c 97 s 9; 1992 c 564 art 2 s 16
MN Stat § 82B.16 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.16 — Principal Place Of Business And Notice.

82B.16 PRINCIPAL PLACE OF BUSINESS AND NOTICE. A licensed real estate appraiser shall advise the commissioner of the address of the person's principal place of business and all other addresses at which the person is now engaged in the business of preparing real property appraisal reports. When a licensed real estate appraiser changes a place of business, the person shall immediately give written notification of the change to the commissioner and apply for an amended license. A licensed real estate appraiser shall notify the commissioner of the person's current residence address. History:   1989 c 341 art 1 s 16
MN Stat § 82B.17 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.17 — License Designation.

82B.17 LICENSE DESIGNATION. When a real estate appraiser uses the designation real estate appraiser or similar terms in an appraisal report or in a contract or other instrument used by the license holder in conducting real property appraisal activities or in advertisements, the appraiser shall place the appraiser's license number adjacent to or immediately below the designation used and indicate the class of license held. History:  1989 c 341 art 1 s 17; 1991 c 97 s 10; 1992 c 363 art 1 s 4
MN Stat § 82B.18 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.18 — Use Of Term.

82B.18 USE OF TERM. The term "real estate appraiser" may only be used to refer to individuals who hold a license under this chapter. The term may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group; or in a manner that might cause it to be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the license. No license may be issued under this chapter to a corporation, partnership, firm, or group. This does not prevent a licensed real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm, or group practice. History:  1989 c 341 art 1 s 18; 1991 c 97 s 11
MN Stat § 82B.201 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.201 — Criminal Penalty.

82B.201 CRIMINAL PENALTY. A person is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the person: (1) violates section 82B.20, subdivision 2, clause (4); (2) performs unlicensed activities, if a license is required under this chapter; or (3) violates any order issued by the commissioner related to conduct prohibited by clause (1). History:  1999 c 137 s 5; 1999 c 209 s 1; 1999 c 223 art 2 s 15,80
MN Stat § 82B.21 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.21 — Classification Of Services.

82B.21 CLASSIFICATION OF SERVICES. A client or employer may retain or employ a licensed real estate appraiser to act as a disinterested third party in giving an unbiased estimate of value or analysis; to provide a market analysis to facilitate the client's or employer's objectives. The appraisal and the appraisal report must comply with the provisions of this chapter and the uniform standards of professional appraisal practice. History:  1989 c 341 art 1 s 21; 2002 c 387 s 11; 1Sp2019 c 7 art 10 s 12
MN Stat § 82B.22 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.22 — Contingent Fees.

82B.22 CONTINGENT FEES. A licensed real estate appraiser may not accept a commission for an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or is contingent upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment. A licensed real estate appraiser who enters into an agreement to perform a market analysis may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services. If a licensed real estate appraiser enters into an agreement to perform a market analysis for a contingent fee, this fact must be clearly stated in each written and oral report. In each written report, this fact must be clearly stated in a prominent location in the report and also in each letter of transmittal and in the licensing statement made by the appraiser in the report. History:   1989 c 341 art 1 s 22
MN Stat § 82B.23 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.23 — Federal Certification.

82B.23 FEDERAL CERTIFICATION. Subdivision 1. Requirement. The commissioner shall certify and transmit to the Appraisal Subcommittee established pursuant to the Federal Institutions Reform, Recovery, and Enforcement Act of 1989, Public Law 100-73, the names of those licensees who have satisfied the requirements for certification and licensure established by the Appraisal Subcommittee and to collect and transmit any required fees. Subd. 2. Publication of federal certification criteria. The commissioner shall file the federal certification criteria with the revisor of statutes for publication in Minnesota Rules. The revisor has the same editorial power over these criteria as the revisor has for rules adopted pursuant to chapter 14. History:  1991 c 97 s 14; 2008 c 344 s 53
MN Stat § 82B.24 (2021)
2021 Minnesota Statutes|Chapters 82 - 83 — Real Estate Sales Regulations|Chapter 82B — Real Estate Appraisers|Section 82B.24 — Private Right Of Action.

82B.24 PRIVATE RIGHT OF ACTION. Subdivision 1. Remedies. Any person injured by a violation of the standards, duties, prohibitions, or requirements of section 82B.20 or 82B.22 shall have a private right of action and the court shall award: (1) actual, incidental, and consequential damages; (2) statutory damages of no less than $1,000 nor more than $2,000; (3) punitive damages if appropriate, and as provided in sections 549.191 and 549.20; and (4) court costs and reasonable attorney fees. Subd. 2. Private attorney general statute. A person injured by a violation of the standards, duties, prohibitions, or requirements of section 82B.20 or 82B.22 also may bring an action under section 8.31. A private right of action by a borrower under this chapter is in the public interest. Subd. 3. Remedies cumulative. The remedies provided in this section are cumulative and do not restrict any other right or remedy otherwise available to the borrower. Subd. 4. Time limitations. (a) A private right of action must be commenced the earlier of: (1) six years from the date the appraisal services giving rise to the cause of action were performed or should have been performed; (2) six years from the date the appraisal giving rise to the cause of action was completed or should have been completed; or (3) the expiration of any other applicable statute of limitations. (b) Paragraph (a), clauses (1) and (2), do not apply when the person alleges that an injury occurred due to: (1) knowing and intentional fraud; or (2) knowing and intentional misrepresentation during the performance of an appraisal. History:  2007 c 74 s 6; 2017 c 37 s 5