Sec. 13.5. (a) As used in this section, “peers”, with respect to a real estate appraiser who performs an appraisal assignment for an appraisal management company, means other real estate appraisers who have expertise and competency in a similar type of assignment.

     (b) As used in this section, “scope of work”, with respect to an appraisal assignment, means the type and extent of research and analysis in the appraisal assignment.

Terms Used In Indiana Code 25-34.1-11-13.5

  • appraisal: has the meaning set forth in Indiana Code 25-34.1-11-1
  • Appraisal: A determination of property value.
  • appraisal management company: means a person that, for compensation, acts as a third party intermediary by contracting with independent real estate appraisers to perform appraisals for other persons. See Indiana Code 25-34.1-11-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Real estate: means any right, title, or interest in real property. See Indiana Code 25-34.1-1-2
  • real estate appraiser: means a person who:

    Indiana Code 25-34.1-11-6

     (c) Except as provided in subsection (d), an appraisal management company that engages a real estate appraiser as an independent contractor, as described in section 3 of this chapter, to perform an appraisal under this chapter shall pay the real estate appraiser for the appraisal not later than:

(1) the deadline indicated by the payment terms set forth in:

(A) the contract or agreement under which the appraisal management company engages the real estate appraiser to perform the appraisal, if applicable; or

(B) the real estate appraiser’s invoice to the appraisal management company if:

(i) a contract or an agreement described in clause (A) does not exist with respect to the particular appraisal; or

(ii) a contract or an agreement described in clause (A) exists with respect to the particular appraisal, but does not address payment terms or clearly indicate a payment deadline; or

(2) forty-five (45) days after the delivery of the appraisal report to the appraisal management company by the real estate appraiser if:

(A) a contract, an agreement, or an invoice described in subdivision (1) does not exist with respect to the particular appraisal; or

(B) a contract, an agreement, or an invoice described in subdivision (1) exists with respect to the particular appraisal, but does not address payment terms or clearly indicate a payment deadline.

     (d) The times set forth in subsection (c) for payment by an appraisal management company for an appraisal performed by a real estate appraiser under this chapter do not apply in the case of any of the following:

(1) A breach by the real estate appraiser of the contract or agreement under which the appraisal management company engages the real estate appraiser to perform the appraisal.

(2) The inclusion in the appraisal report of one (1) or more significant and material documented errors of law, regulation, or appraisal standards.

(3) The failure of the real estate appraiser’s scope of work to meet or exceed:

(A) the expectations of parties who are regularly intended users for similar assignments; and

(B) what the actions of the real estate appraiser’s peers would be in performing the same or a similar assignment.

     (e) An appraisal management company may not prohibit a real estate appraiser from including in an appraisal report the real estate appraiser’s fee amount for preparing the appraisal.

As added by P.L.15-2018, SEC.2.

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