Guam § 30115 - Willful and Knowing Violation.

§ 30115. Willful and Knowing Violation.

The following conduct by an appraiser may be considered grounds for

disciplinary action by the Director, namely the appraisers:

(a) Permitted his or her signature to be affixed to any appraisal

report if such report was not prepared by the appraiser or under the

appraiser's direct supervision, unless acknowledgement of this is

clearly stated in the report;

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(b) Accepted an engagement to appraise property where the

employment or fee is contingent upon reporting a predetermined or

specified value, or is otherwise contingent upon a particular finding to

be reported;

(c) Made the fee or compensation in any case where the amount

of an award or recovery would be affected by the appraisal, contingent

upon the award or recovery; or establish a fee arrangement based on a

percentage of the final estimate of value;

(d) Violated any provision of this Act or any rule or regulation

promulgated hereunder;

(e) Made a false or misleading statement in that portion of a

written appraisal report that deals with professional qualification, or in

any testimony concerning professional qualifications;

(f) Did not disclose the use of professional assistance that deviates

from the normal data research procedure, in arriving at the analyses,

opinions or conclusions concerning real estate contained in an

appraisal report signed by the appraiser;

(g) Signed or co-signed an appraisal report without accepting

responsibility for the contents of the entire report;

(h) Rendered professional real estate appraisal services when the

appraiser knew, or when a reasonable person with the same experience

would have known, that his or her professional experience with respect

to the subject matter of the assignment was insufficient to permit

completion of the assignment: (1) without associating with another

appraiser who has had such previous experience; or (2) unless the

applicant or licensee discloses such lack of experience to the client

prior to accepting the assignment.

(i) Contracted or accepted compensation for appraisal services in

the form of a commission, rebate, a division of brokerage commissions

or any other similar forms;

(j) Received or paid finder's or referral fees;

(k) Made any use of advertising media in connection with the real

estate appraisal practice in the manner expressly prohibited by the

rules of the Director;

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(l) Failed to comply with the minimum requirements for an

appraisal as set forth in this Act;

(m) Disclosed an appraisal report in its entirety or those portions

of a report that contain analyses, opinions or conclusions concerning

the tract or parcel of real estate which is the subject of the report, to

anyone other than:

(1) Those persons specifically authorized by the client to

receive such information.

(2) Third parties, when and to the extent that the appraiser is

legally required to do so by order of the court.

(3) Duly authorized representatives of nationally recognized

professional organizations.

(n) Disclosed confidential factual data which came into the

appraiser's possession in the course of an appraisal assignment when

such confidential factual data are used in the appraisal report, to

anyone other than those persons specifically authorized by the client to

receive such information, or to third parties, when and to the extent

that an individual is legally required to do so by order of the court; or

(o) Was grossly negligent or incompetent in the practice of real

estate appraising. The type of error that affect an appraiser's compe-

tence and may place the appraiser in violation of this provision is as

follows: A willful error of omission or commission of an act which

substantially and materially affects the results of an individual

appraisal assignment, and evidence the fact that an appraiser is

repeatedly rendering professional services in a careless and negligent

manner.