A. The fees paid to an appraiser for completion of the appraisal shall not include a fee for management of the appraisal process or any activity other than the performance of the appraisal.
B. An appraisal management company shall separately state the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services to the client, borrower and any other payor.
C. Appraisers shall not be prohibited by the appraisal management company, client or other third party from disclosing the fee paid to the appraiser for the performance of the appraisal in the appraisal report.
D. As used in this section, "payor" means any person or entity who is responsible for making payment for the appraisal.
E. An appraisal management company shall, except in cases of breach of contract or substandard performance of services, make payment to an independent appraiser for the completion of an appraisal or valuation assignment within sixty days of the date on which the independent appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee.
F. An appraisal management company shall provide an appraiser with the appropriate nontaxable transaction certificate pursuant to Section 7-9-48 NMSA 1978.
History: Laws 2009, ch. 214, § 18; 2010, ch. 13, § 5.
The 2010 amendment, effective July 1, 2010, in the catchline, added "limits; disclosure;"; added new Subsections A, B, C and D, and relettered former Subsections A and B as Subsections E and F.
Structure 2021 New Mexico Statutes
Article 14 - Appraisal Management Company Registration
Section 47-14-1 - Short title.
Section 47-14-2 - Definitions.
Section 47-14-3 - Registration required.
Section 47-14-3.1 - Bonding requirements.
Section 47-14-3.2 - Criminal background checks.
Section 47-14-6 - Expiration of license.
Section 47-14-7 - Consent to service of process.
Section 47-14-9 - Owner requirements.
Section 47-14-10 - Controlling person.
Section 47-14-11 - Controlling person requirements.
Section 47-14-12 - Employee requirements.
Section 47-14-13 - Requirements; liability.
Section 47-14-14 - Pre-engagement certification.
Section 47-14-15 - Adherence to standards.
Section 47-14-16 - Recordkeeping.
Section 47-14-17 - Appraiser independence; prohibitions.
Section 47-14-18 - Payment; limits; disclosure; nontaxable transaction certificate.
Section 47-14-19 - Appraisal reports; alteration; use.
Section 47-14-21 - Enforcement.