458.37(3)(b) (b) An appraiser that intentionally misrepresents the information provided by the appraiser to a licensed appraisal management company under par. (a) shall be subject to disciplinary action by the board under s. 458.26 or removal from the appraiser panel.
458.37(4) (4)A licensed appraisal management company shall regularly review the work of appraisers performing appraisal services for the appraisal management company to ensure that the services comply with the Uniform Standards of Professional Appraisal Practice described under s. 458.24 and with any standards prescribed by the department by rule.
458.37(5) (5)Before assigning to an appraiser an appraisal review of an appraisal of a subject property located in this state, a licensed appraisal management company shall verify that the appraiser performing the appraisal review holds a current appraiser license or certificate in this state that is at least equivalent to the license or certificate initially required for the subject property.
458.37 History History: 2017 a. 113.
458.38 458.38 Compensation of appraisers.
458.38(1)(1)A licensed appraisal management company shall compensate appraisers at a rate that is reasonable and customary for appraisal services being performed in the market area of the property being appraised in accordance with 15 USC 1639e and rules promulgated under 15 USC 1639e.
458.38(2) (2)In any report or other written communication to a client, lender, or other person pertaining to the cost of a specific appraisal assignment, a licensed appraisal management company shall separately state the following fees:
458.38(2)(a) (a) Any fee paid to the appraiser for the completion of the appraisal service.
458.38(2)(b) (b) Any fee charged to the client for the licensed appraisal management company's appraisal management services.
458.38(3) (3)A licensed appraisal management company may not do any of the following:
458.38(3)(a) (a) Fail, except in cases of breach of contract or for other good cause, to make payment to an appraiser for the completion of an appraisal service within 30 days after the date on which the appraisal management company receives the completed appraisal service. An appraisal service is complete under this paragraph when the scope of work has been completed and the work product has been delivered to the client with any required certification or other signed document.
458.38(3)(b) (b) Include any fee for appraisal management services performed by the licensed appraisal management company in the amount the company reports as charges for the actual completion of an appraisal service by an appraiser.
458.38(3)(c) (c) Prohibit an appraiser from showing in an appraisal report or other document the fee that the licensed appraisal management company paid to the appraiser for the appraisal service.
458.38(3)(d) (d) Require an appraiser to state or affirm that any fees the licensed appraisal management company paid to the appraiser were reasonable and customary.
458.38 History History: 2017 a. 113.
458.39 458.39 Record keeping.
458.39(1)(1)A licensed appraisal management company shall maintain all of the following records for at least 5 years after the record is generated or 2 years after final disposition of any court proceeding concerning an appraisal service, whichever is later:
458.39(1)(a) (a) A written record of each request for an appraisal service and appraisal management services the licensed appraisal management company receives.
458.39(1)(b) (b) A written record of the identity of each appraiser who performs an appraisal service for the licensed appraisal management company.
458.39(1)(c) (c) A written record of all substantive communications between a licensed appraisal management company and an appraiser concerning an appraisal service or an independent appraiser's inclusion on an appraiser panel of the appraisal management company.
458.39(2) (2)The department may audit the records of a licensed appraisal management company at any time to ensure compliance with this subchapter, rules promulgated under this subchapter, or the Uniform Standards of Professional Appraisal Practice described under s. 458.24.
458.39 History History: 2017 a. 113.
458.41 458.41 Appraiser independence.
458.41(1)(1)A licensed appraisal management company shall ensure that appraisals that are conducted for the company are conducted independently and free from inappropriate influence or coercion consistent with this section and 15 USC 1639e and rules promulgated under 15 USC 1639e.
458.41(2) (2)No licensed appraisal management company or employee, controlling individual, or other agent of a licensed appraisal management company may inappropriately influence or coerce, or attempt to inappropriately influence or coerce, an appraiser conducting an appraisal service, contrary to this section or to 15 USC 1639e or rules promulgated under 15 USC 1639e, including by doing any of the following:
458.41(2)(a) (a) Withholding, or threatening to withhold, timely payment for an appraisal service.
458.41(2)(b) (b) Withholding, or threatening to withhold, future business from an independent appraiser, or demoting or terminating, or threatening to demote or terminate, an appraiser.
458.41(2)(c) (c) Expressly or impliedly promising future business, promotions, or increased compensation for an appraiser.
458.41(2)(d) (d) Conditioning the assignment of an appraisal service or the payment of a fee or other compensation for an appraisal service on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser.