North Dakota Code 43-23.5-21 – Prohibited conduct
A violation of this section may constitute grounds for discipline against an appraisal management company registered in this state. However, an appraisal management company may request an appraiser provide additional information about the basis for a valuation, correct objective factual errors in an appraisal report, or consider additional appropriate property information. No employee, director, officer, agent, independent contractor, or other third party acting on behalf of an appraisal management company may:
Terms Used In North Dakota Code 43-23.5-21
- Appraisal: A determination of property value.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Fraud: Intentional deception resulting in injury to another.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. Procure or attempt to procure a registration by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for registration, or through fraud or misrepresentation.
2. Willfully violate this chapter or rules of the board.
3. Improperly influence or attempt to improperly influence the development, reporting, result, or a review of an appraisal through intimidation, coercion, extortion, bribery, or any other manner, including:
a. Withholding payment for appraisal services.
b. Threatening to exclude an appraiser from future work or threatening to demote or terminate in order to improperly obtain a desired result.
c. Conditioning payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached.
d. Requesting an appraiser to report a predetermined opinion, conclusion, or valuation or the desired valuation of any person or entity.
4. Require an appraiser to provide the appraisal management company with the appraiser’s digital signature or seal.
5. Alter, amend, or change an appraisal report submitted by an appraiser without the appraiser’s knowledge and written consent.
6. Except within the first ninety days after an independent appraiser is added to an appraiser page, remove an independent appraiser from an appraiser panel without prior written notice to the appraiser, with the prior written notice including evidence of the following, if applicable:
a. The appraiser’s illegal conduct.
b. A violation of the uniform standards of professional appraisal practice, this chapter, or the rules adopted by the board.
c. Improper or unprofessional conduct.
7. Require an appraiser to sign any indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents or employees for any liability, damage, losses, or claims arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser.
8. Prohibit lawful communications between the appraiser and any other person who the appraiser, in the appraiser’s professional judgment, believes possesses information that would be relevant.
9. Engage in any other act or practice that impairs or attempts to impair a real estate appraiser’s independence, objectivity, and impartiality.
10. Submit or attempt to submit false, misleading, or inaccurate information in any application for registration or renewal.
11. Fail to timely respond to any subpoena or any other request for information.
12. Fail to timely obey an administrative order of the board.
13. Fail to fully cooperate in any investigation.