36-21B-12. Conduct not constituting improper influence on real estate appraisals.
No person violates §36-21B-11 solely by asking a real estate appraiser to consider additional, appropriate property information, or to provide further detail, substantiation, or explanation for the appraiser's value conclusion, or to correct errors in the appraisal report, or by withholding payment of an appraisal fee based on a bona fide dispute regarding the appraiser's compliance with the appraisal standards adopted by the Department of Labor and Regulation pursuant to this chapter. A person does not violate §36-21B-11 solely by retaining a real estate appraiser from panels or lists on a rotating basis, or by supplying an appraiser with information the appraiser is required to analyze under the appraisal standards adopted by the department, such as agreements of sale, options, or listings of the property to be valued.
Source: SL 2009, ch 192, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 21B - Real Estate Appraisers
Section 36-21B-1 - Appraisers to be certified, licensed, or registered--Injunction for violation.
Section 36-21B-2 - Definitions.
Section 36-21B-2.2 - Criminal background checks.
Section 36-21B-2.3 - Grounds for denying issuance of certificate.
Section 36-21B-3 - Promulgation of rules.
Section 36-21B-4 - Promulgation of rules to establish fees for certification of appraisers.
Section 36-21B-5 - Fees credited to Real Estate Appraisers Fund.
Section 36-21B-6 - Legislative appropriations of Real Estate Appraiser Fund.
Section 36-21B-7 - Penalty for violation of statute or rule.
Section 36-21B-8 - Application of chapter.
Section 36-21B-10 - Contested cases--Assessment of expenses.
Section 36-21B-11 - Improper influence on real estate appraisals prohibited--Grounds for discipline.
Section 36-21B-12 - Conduct not constituting improper influence on real estate appraisals.
Section 36-21B-13 - Evaluation for federally insured depository institution.