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9-15-73
Section 9-15-73 Appraisal. The Lands Division shall have the real property or the interests
in the real property appraised by a real estate appraiser selected by the Lands Division who
is licensed by the State Board of Appraisers prior to the advertisement of the sale of the
property. If the Lands Division is not satisfied with one appraisal, additional appraisals
may be obtained. All appraisals shall be in writing. (Acts 1995, No. 95-280, p. 507, §4.)...
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34-27-81
Section 34-27-81 Definitions. As used in this article, the following words shall have the following
meanings: (1) AGENCY AGREEMENT. A written agreement between a broker and a client which creates
a fiduciary relationship between the broker and a principal, who is commonly referred to as
a client. (2) BROKER. Any person licensed as a real estate broker pursuant to Articles 1 and
2 of this chapter. (3) BROKERAGE AGREEMENT. A specific written agreement between a brokerage
firm and a consumer which establishes a brokerage relationship. The brokerage agreement shall
contain a statement of the terms and conditions of the brokerage services to be provided.
(4) BROKERAGE SERVICE. Any service, except for rental or property management services, provided
by a broker or licensee to another person and includes all activities for which a real estate
license is required under Articles 1 and 2 of this chapter. (5) CONSUMER. A person who obtains
information, advice, or services concerning real estate...
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34-27A-12
Section 34-27A-12 Written reports, etc., to be furnished by applicant. (a) An original certificate
for any classification as a licensed real estate appraiser shall not be issued to any person
who does not possess the required experience, if any, in real property appraisal supported
by adequate written reports, file memoranda, or other evidence satisfactory to the board.
(b) Each applicant for licensure shall furnish, under oath, a detailed listing of the real
estate appraisal reports or file memoranda for each year for which experience is claimed by
the applicant. Upon request, the applicant shall make available to the board for examination
appraisal reports or records which the applicant has prepared. At all times the confidential
relationship between the appraiser and the client shall be maintained. (Acts 1990, No. 90-639,
p. 1175, §12; Acts 1994, No. 94-117, p. 128, §1.)...
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34-27A-18
Section 34-27A-18 Licensure restrictions. (a) The term "licensed real estate appraiser"
or "certified real estate appraiser" may only be used to refer to individuals who
hold the license and may not be used following or immediately in connection with the name
or signature of a firm, partnership, corporation, or group; or in a manner that it might be
interpreted as referring to a firm, partnership, corporation, group, or anyone other than
an individual holder of the license. (b) No license shall be issued under this article to
a corporation, partnership, firm, or group. This shall not be construed to prevent a licensed
real estate appraiser from signing an appraisal report on behalf of a corporation, partnership,
firm, or group practice licensed to appraise real estate under this article. (c) Authority
to transact business as a licensed real estate appraiser shall be restricted to the person
named in the license and shall not inure to the benefit of any other person. (Acts 1990, No....
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34-27A-19
Section 34-27A-19 Continuing education requirements; regulations; requirement for reinstatement.
(a) As a prerequisite to renewal of a license to appraise real estate, the licensed real estate
appraiser, licensed for any classification under this article, shall present evidence satisfactory
to the board of having met the continuing education requirements of this article. (b) The
board shall set, by administrative rule, the continuing education requirements for renewal
of licenses for all classifications of real estate appraisers as required by or when necessary
to fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement
Act of 1989, Pub. L. No. 101-73 (FIRREA), and any subsequent amendments and regulations issued
pursuant thereto. (c) In lieu of meeting the requirements of subsection (b) an applicant for
renewal may satisfy all or part of the requirements by presenting evidence of either of the
following: (1) Completion of an educational program...
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34-27A-50
Section 34-27A-50 Registration required. (a) It is unlawful for any person or entity to engage
in or attempt to engage in business as an appraisal management company, perform appraisal
management services, or advertise or hold itself out as engaging in or conducting business
as an appraisal management company without first being registered by the board pursuant to
this article. (b) In the event a registration process is unavailable on October 1, 2011, an
appraisal management company already conducting business in the state may continue to conduct
business in accordance with this article for 120 days after a registration process is available.
(Act 2011-701, p. 2161, §3.)...
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34-27A-52
Section 34-27A-52 Limitations on ownership and employment. (a) An appraisal management company
applying for registration in this state may not be owned, in whole or in part, directly or
indirectly, by any person who has had an appraiser license or certificate refused, denied,
cancelled, surrendered in lieu of revocation, or revoked in any state. For the purposes of
this subsection, indirect ownership does not include stock ownership in a publicly traded
corporation. Additionally, each person who owns more than 10 percent of an appraisal management
company shall, if required by the board, submit to a background investigation. (b) An appraisal
management company applying for registration in this state may not employ for the purposes
of appraisal review, analysis, or performance evaluation any person who has ever had a registration,
license, or certificate to act as an appraiser in this or any other state refused, denied,
canceled, or revoked unless a registration, license, or certificate...
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35-6A-6
Section 35-6A-6 Determination of value of property; appraisal; notice and hearing. (a) Except
as otherwise provided in subsection (b) and subsection (c), if the court determines that the
property that is the subject of a partition action is heirs property, the court shall determine
the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b) If all cotenants have agreed to the value of the property or to another method of valuation,
the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the
cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market
value of the property and send notice to the parties of the value. (d) If the court orders
an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this
state to determine the fair market value of the property assuming...
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22-52-17
Section 22-52-17 Public facilities other than Department of Mental Health not required to perform
mental evaluations; exceptions. Notwithstanding any other language in this article, the following
limitations shall apply. No public facility other than the Department of Mental Health may
be required (as distinguished from authorized) by the probate court to perform any mental
evaluation of a person sought to be committed for use in any final commitment hearing except:
(1) In an emergency case wherein no other source or agency which is funded or mandated by
federal law, state law or both to provide such services is objectively capable of performing
such evaluation within the time limit imposed by law; or (2) In an emergency case wherein
no other source or agency operates to perform such evaluation in such emergency case, a public
hospital may be required to accept a person sought to be committed for the provision of hospital
care, if such person is admitted to the public hospital or other...
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13A-8-140
Section 13A-8-140 Elements of offense of theft by fraudulent leasing or rental. The crime of
theft by fraudulent leasing or rental of property is committed if a person, herein called
"lessee", signs a written lease or rental contract with a person licensed to rent
or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40,
herein called "lessor", and obtains or exerts control over tangible personal property
by reason of such rental contract, with the intent, knowledge or expectation that he will
not perform the terms, covenants and agreements of the lessee provided in such rental contract.
(Acts 1986, No. 86-392, p. 576, §1.)...
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