HOUSE DOCKET, NO. 2038 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 216
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The Commonwealth of Massachusetts
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PRESENTED BY:
Edward F. Coppinger
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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.
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PETITION OF:
Name: | District/Address: | Date Added: |
Edward F. Coppinger | 10th Suffolk | 1/7/2019 |
Nicholas A. Boldyga | 3rd Hampden | 1/28/2019 |
Angelo J. Puppolo, Jr. | 12th Hampden | 1/23/2019 |
Mathew J. Muratore | 1st Plymouth | 1/23/2019 |
Bradford Hill | 4th Essex | 1/23/2019 |
Timothy R. Whelan | 1st Barnstable | 1/28/2019 |
David Paul Linsky | 5th Middlesex | 1/28/2019 |
Anne M. Gobi | Worcester, Hampden, Hampshire and Middlesex | 1/30/2019 |
Josh S. Cutler | 6th Plymouth | 1/30/2019 |
Brian M. Ashe | 2nd Hampden | 1/30/2019 |
Steven Ultrino | 33rd Middlesex | 1/30/2019 |
Shawn Dooley | 9th Norfolk | 1/30/2019 |
Viriato M. deMacedo | Plymouth and Barnstable | 1/30/2019 |
Michael J. Rodrigues | First Bristol and Plymouth | 1/30/2019 |
Dean A. Tran | Worcester and Middlesex | 1/31/2019 |
Thomas A. Golden, Jr. | 16th Middlesex | 1/31/2019 |
Thomas P. Walsh | 12th Essex | 1/31/2019 |
Natalie M. Higgins | 4th Worcester | 2/1/2019 |
Patrick M. O'Connor | Plymouth and Norfolk | 2/1/2019 |
Claire D. Cronin | 11th Plymouth | 2/1/2019 |
David M. Rogers | 24th Middlesex | 2/1/2019 |
Kay Khan | 11th Middlesex | 2/1/2019 |
David T. Vieira | 3rd Barnstable | 2/1/2019 |
HOUSE DOCKET, NO. 2038 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 216
By Mr. Coppinger of Boston, a petition (accompanied by bill, House, No. 216) 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. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1975 OF 2017-2018.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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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.