Section 11345.4 - Improper influence by appraisal management companyNo person or entity acting in the capacity of an appraisal management company shall improperly influence or attempt to improperly influence the development, reporting, result, or review of any appraisal through coercion, extortion, inducement, collusion, bribery, intimidation, compensation, or instruction. Prohibited acts include, but are not limited to, the following:
(a) Seeking to influence an appraiser to report a minimum or maximum value for the property being valued. Such influence may include, but is not limited to, the following: (1) Requesting that an appraiser provide a preliminary estimate or opinion of value for one or more properties prior to entering into a contract with that appraiser for appraisal services related to that property or properties.(2) Conditioning whether to hire an appraiser based on an expectation of the value conclusion likely to be returned by that appraiser.(3) Conditioning the amount of an appraiser's compensation on the value conclusion returned by that appraiser.(4) Providing an appraiser with an anticipated, estimated, encouraged, or desired valuation prior to their completion of an appraisal.(b) Withholding or threatening to withhold timely payment to an appraiser because the person does not return a value at or above a certain amount.(c) Implying to an appraiser that current or future retention of that appraiser depends on the amount at which the appraiser estimates the value of real property.(d) Excluding an appraiser who prepares an appraisal from consideration for future engagement because the appraiser reports a value that does not meet or exceed a predetermined threshold.(e) Conditioning the compensation paid to an appraiser on consummation of the real estate transaction for which the appraisal is prepared.(f) Requesting the payment of compensation from an appraiser for purposes of enabling that appraiser to achieve higher priority in the assignment of appraisal business.(g) Nothing in this section prohibits a person or entity acting in the capacity of an appraisal management company from doing any of the following:(1) Asking an appraiser to do any of the following:(A) Consider additional, appropriate property information, including information about comparable properties.(B) Provide further detail, substantiation, or explanation for the appraiser's value conclusion.(C) Correct errors in an appraisal report.(2) Obtaining multiple valuations, for purposes of selecting the most reliable valuation.(3) Withholding compensation due to breach of contract or substandard performance of services.(4) Providing a copy of the sales contract in connection with a purchase transaction.Ca. Bus. and Prof'l. Code § 11345.4
Amended by Stats 2011 ch 716 (SB 6),s 3, eff. 1/1/2012.Added by Stats 2009 ch 173 (SB 237),s 14, eff. 1/1/2010.