2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 30 - Real Estate Appraisers › Section 61-30-10 - Registration, license or certification required; exceptions. (Repealed effective July 1, 2030.)

A. It is unlawful for any person in this state to engage or attempt to engage in the business of developing or communicating real estate appraisals or appraisal reports without first registering as a real estate appraiser trainee or obtaining a license or certificate from the board under the provisions of the Real Estate Appraisers Act.
B. No person, unless certified by the board as a state certified real estate appraiser under a general certification or residential certification, shall:
(1) assume or use any title, designation or abbreviation likely to create the impression of a state certified real estate appraiser;
(2) use the term "state certified" to describe or refer to any appraisal or evaluation of real estate prepared by the person;
(3) assume or use any title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser firm, partnership, corporation or group; or
(4) assume or use any title, designation or abbreviation likely to create the impression of certification under a general certificate or describe or refer to any appraisal or evaluation of nonresidential real estate by the term "state certified" if the preparer's certification is limited to residential real estate.
C. A real estate appraiser trainee is only authorized to prepare appraisals of all types of real estate or real property under direct supervision of the supervisory appraiser holding a residential or general certificate; provided that such person does not assume or use any title, designation or abbreviation likely to create the impression of certification as a state certified real estate appraiser or licensure as a state licensed residential real estate appraiser.
D. The scope of practice for:
(1) a real estate appraiser trainee is appraisal of those properties that the supervisory appraiser is permitted by the supervisory appraiser's current credential and that the supervisory appraiser is qualified to appraise. All real estate appraiser trainees must comply with the competency rule of the uniform standards of professional appraisal practice;
(2) a state licensed residential real estate appraiser is appraisal of non-complex, one-to-four residential units having a transaction value of less than one million dollars ($1,000,000) and complex one-to-four residential units having a transaction value less than two hundred fifty thousand dollars ($250,000). "Complex one-to-four family residential property appraisal" means one in which the property to be appraised, the form of ownership or the market conditions are typical. The state licensed residential real estate appraiser must comply with the competency rule of the uniform standards of professional appraisal practice;
(3) a state certified residential real estate appraiser is appraisal of one-to-four residential units without regard to value or complexity. This classification includes the appraisal of vacant or unimproved land that is utilized for one-to-four family purposes or for which the highest and best use is for one-to-four family purposes, and the classification does not include the appraisal of subdivisions for which a development analysis or appraisal is necessary. All state certified residential real estate appraisers must comply with the competency rule of the uniform standards of professional appraisal practice; and
(4) a state certified general real estate appraiser is appraisal of all types of property. All state certified general real estate appraisers must comply with the competency rule of the uniform standards of professional appraisal practice.
E. The requirement of registration, licensing or certification shall not apply to a qualifying or associate broker, as defined under the provisions of Chapter 61, Article 29 NMSA 1978, who gives an opinion of the price of real estate for the purpose of marketing, selling, purchasing, leasing or exchanging such real estate or any interest therein or for the purpose of providing a financial institution with a collateral assessment of any real estate in which the financial institution has an existing or potential security interest. The opinion of the price shall not be referred to or construed as an appraisal or appraisal report and shall not be used as the primary basis to determine the value of real estate for the purpose of loan origination.
F. The requirement of registration, licensing or certification shall not apply to real estate appraisers of the property tax division of the taxation and revenue department, to a county assessor or to the county assessor's employees, who as part of their duties are required to engage in real estate appraisal activity as a county assessor or on behalf of the county assessor and no additional compensation fee or other consideration is expected or charged for such appraisal activity, other than such compensation as is provided by law.
G. The prohibition of Subsection A of this section does not apply to persons whose real estate appraisal activities are limited to the appraisal of interests in minerals, including oil, natural gas, liquid hydrocarbons or carbon dioxide, and property held or used in connection with mineral property, if that person is authorized in the person's state of residence to practice and is actually engaged in the practice of the profession of engineering or geology.
H. The process of analyzing, without altering, an appraisal report, except appraisal reviews as defined by the uniform standards of professional appraisal practice, that is part of a request for mortgage credit is considered a specialized service as defined in Subsection S of Section 61-30-3 NMSA 1978 and is exempt from the requirements of registration, licensing or certification.
History:
Laws 1990, ch. 75, § 10; 1991, ch. 183, § 1; 1992, ch. 54, § 7; 1993, ch. 269, § 7; 2003, ch. 328, § 7; 2013, ch. 111, § 1; 2014, ch. 33, § 6.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-30-24 NMSA 1978.
Cross references.
— For the federal Financial Institutions Reform, Recovery and Enforcement Act,
see
12 U.S.C. § 1461 et seq.
The 2014 amendment,
effective May 21, 2014, provided for the scope of practice of trainees and appraisers; provided for the exemption of qualifying and associate brokers from registration, licensing and certification; in Subsection A, after "first registering as", deleted "an apprentice" and added "a real estate appraiser trainee"; in Subsection C, at the beginning of the sentence, after "A", deleted "state apprentice", after "real estate appraiser", deleted "who is registered but does not hold a license or certificate" and added "trainee", after "appraiser trainee is", added "only", after "real property", deleted "provided that such appraisals are not described or referred to as being prepared by a 'state certified real estate appraiser'" and added "under direct supervision of the supervisory appraiser", and after "general certificate", deleted "or by 'state licensed real estate appraiser'; and", and after "state licensed", added "residential"; deleted former Subsection D, which authorized the holder of a license or residential certificate to prepare appraisals of nonresidential real estate subject to specified conditions; deleted Subsection E, which required real estate appraisers who perform in federally related transactions to meet the conditions for licensing; deleted former Subsection F, which exempted qualifying or associate brokers who give opinions of the price of real estate to financial institutions from the requirement of registration, licensing or certification; added Subsections D and E; and in Subsection H, after "an appraisal report", added "except appraisal reviews as defined by the uniform standards of professional appraisal practice".
The 2013 amendment,
effective June 14, 2013, provided an exemption for real estate brokers who give an opinion of the price of real estate for purposes of marketing, selling, purchasing, leasing or exchanging the real estate or for the purpose of providing a financial institution with a collateral assessment of real estate; deleted former Subsection F, which provided an exemption for real estate brokers who give an opinion of the price of real estate for purposes of listing, marketing, sale, lease or exchange of real estate, or conducting a market analysis, or rendering specialized services; and added a new Subsection F.
The 2003 amendment,
effective July 1, 2003, inserted "as an apprentice" following "without first registering" near the middle of Subsection A; in Subsection C, substituted "apprentice" for "registered" following "A state" near the beginning, and inserted "is registered but" following "appraiser who" near the beginning; substituted "a real estate" for "an" following "Recovery and Enforcement Act" near the middle of Subsection E; inserted "real estate" following "shall not apply to" near the beginning of Subsection G; and in Subsection I, substituted "as defined in" for "under" following "specialized service" near the middle, and deleted "of the Real Estate Appraisers Act" following "Section 61-30-3 NMSA 1978" near the middle.
The 1993 amendment,
effective June 18, 1993, substituted "board" for "commission" in Subsection A and in the introductory language of Subsection B; and added present Subsections E and I, redesignating former Subsections E through G as present Subsections F through H.
The 1992 amendment,
effective May 20, 1992, inserted references to registration in the catchline and Subsections A, E, and F; rewrote Subsection C; and, in Subsection D, substituted "holder of a license or residential certificate is authorized to prepare" for "holder of a residential certificate shall be deemed to be licensed so as to permit the holder of the certificate to prepare" and inserted "by a general certified appraiser".
The 1991 amendment,
effective June 14, 1991, added Subsection G and made minor stylistic changes in Subsections A and F.