An appraisal management company commits unprofessional conduct if it:
(1) Requires an appraiser to modify an aspect of an appraisal which modification is not related to substandard performance or noncompliance with the terms of a contract or agreement;
(2) Requires an appraiser to prepare an appraisal when the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary expertise for the specific geographic area or is otherwise not competent to perform the appraisal;
(3) Requires an appraiser to prepare an appraisal under a certain time frame that the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary time to meet all the necessary and relevant legal and professional obligations;
(4) Prohibits or inhibits communication between an appraiser and any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant;
(5) Requests an appraiser to do anything that does not comply with:
(A) The USPAP; or
(B) The requests of the client; or
(6) Makes any portion of the appraiser's fee or the appraisal management company's fee contingent on a favorable outcome, including:
(A) A loan closing; or
(B) An appraisal for a specific dollar amount.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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