HOUSE DOCKET, NO. 2111        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1975

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Edward F. Coppinger

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act defining client, intended use and intended user in real property appraisal assignments and reports.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Edward F. Coppinger

10th Suffolk

1/19/2017

Thomas J. Calter

12th Plymouth

 

David Paul Linsky

5th Middlesex

 

David T. Vieira

3rd Barnstable

 


HOUSE DOCKET, NO. 2111        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1975

By Mr. Coppinger of Boston, a petition (accompanied by bill, House, No. 1975) of Edward F. Coppinger and others relative to the definition of users and intended users in real property appraisal assignments and reports.  Consumer Protection and Professional Licensure.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act defining client, intended use and intended user in real property appraisal assignments and reports.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 173 of Chapter 112 of the General Laws is hereby amended by adding the following definitions:-

“Client”, the party or parties who engage, by employment or contract, an appraiser in a specific appraisal assignment.

“Intended Use”, the use or uses of an appraiser’s reported appraisal or appraisal review assignment opinions and conclusions, as identified by the appraiser based on communication with the client at the time of the assignment.

“Intended User”, the client and any other party as identified, by name or type, as users of the appraisal or appraisal review report by the appraiser on the basis of communication with the client at the time of the assignment.

SECTION 2. Chapter 112 of the General Laws is hereby amended by adding new Section 189A as follows:

Section 189A. An appraisal report or appraisal review report, including any data, work papers, opinion of market value, certification, and statement is deemed prepared at the request of and exclusively for the benefit of the appraiser’s client or intended user, and for the intended use, as specified in the appraisal report or appraisal review report. An appraiser shall (i) not be liable in a court of law to any person other than the client or intended user; and (ii) not be subject to disciplinary action stemming from a complaint filed with the Division of Professional Licensure by any person other than the client or intended user.