North Carolina § 93E-1-3 - When registration, license, or certificate not required.

§ 93E-1-3. When registration, license, or certificate not required.

No trainee registration, license, or certificate shall be issued under the provisions of this Chapter to a partnership, association, corporation, firm, or group. However, nothing herein shall preclude a registered trainee or licensed or certified real estate appraiser from rendering appraisals for or on behalf of a partnership, association, corporation, firm, or group, provided the appraisal report is prepared by a licensed or certified real estate appraiser or by a registered trainee under the immediate personal direction of the certified real estate appraiser and is reviewed and signed by that certified appraiser. Repealed by Session Laws 2001-399, s. 1, effective October 1, 2001. Nothing in this Chapter shall preclude a real estate broker licensed under Chapter 93A of the General Statutes from performing a broker price opinion or comparative market analysis as defined in G.S. 93E-1-4, provided the person does not represent himself or herself as being a registered trainee or a licensed or certified real estate appraiser, and provided they follow the standards set forth in Article 6 of Chapter 93A. Nothing in this Chapter shall abridge, infringe upon, or otherwise restrict the right to use the term "certified ad valorem tax appraiser" or any similar term by persons certified by the Department of Revenue to perform ad valorem tax appraisals, provided that the term is not used in a manner that creates the impression of certification by the State to perform real estate appraisals other than ad valorem tax appraisals. Nothing in this Chapter shall entitle a registered trainee or a licensed or certified real estate appraiser to appraise real estate for ad valorem tax purposes unless the person has first been certified by the Department of Revenue pursuant to G.S. 105-294. Except as otherwise provided in subsection (g) of this section, a trainee registration, license, or certificate is not required under this Chapter for any of the following: Any person, partnership, association, or corporation that performs appraisals of property owned by that person, partnership, association, or corporation for the sole use of that person, partnership, association, or corporation. Any court-appointed commissioner who conducts an appraisal pursuant to a judicially ordered evaluation of property. Any person to qualify as an expert witness for court or administrative agency testimony, if otherwise qualified. A person who appraises standing timber so long as the appraisal does not include a determination of value of any land. Any person employed by a lender in the performance of appraisals with respect to which federal regulations do not require a licensed or certified appraiser. A person who performs ad valorem tax appraisals and is certified by the Department of Revenue under G.S. 105-294 or G.S. 105-296. A person who prepares a Right-of-Way Claim Report pursuant to G.S. 136-19.6. Notwithstanding any provision of subsection (f) of this section to the contrary, any person who is registered, licensed, or certified under this Chapter and who performs any of the activities set forth in subdivisions (1) through (5) of subsection (f) of this section must comply with all of the provisions of this Chapter. The provisions of this Chapter shall not apply to certified real estate appraisers who perform a broker price opinion or comparative market analysis pursuant to G.S. 93E-1-3(c), as long as the appraiser is licensed as a real estate broker by the North Carolina Real Estate Commission and does not refer to himself or herself as an appraiser in the broker price opinion or comparative market analysis. History (1993, c. 419, s. 6; 1995, c. 482, s. 2; 2001-399, s. 1; 2007-506, s. 2; 2012-163, s. 3; 2013-403, s. 1; 2018-74, s. 1(b).) Editor's Note. - Session Laws 2012-163, s. 6, provides, in part: "Rule-making authority granted by this act to the North Carolina Real Estate Commission shall become effective July 1, 2012." Effect of Amendments. - Session Laws 2007-506, s. 2, effective October 1, 2007, and applicable to applicants for registration, licensure, or certification under this act and to persons whose registration, license, or certification is renewed under this act on or after that date, in subsection (a), substituted "trainee or licensed or certified" for "trainee, State-licensed or State-certified" and substituted "licensed or certified" for "State-licensed or State-certified" three times; in subsection (c), deleted "or salesman" following "real estate broker," substituted "licensed or certified" for "State-licensed or State-certified," and deleted "or salesperson" following "real estate broker"; substituted "licensed or certified" for "State-licensed or State-certified" in subsection (e). Session Laws 2012-163, s. 3, effective October 1, 2012, in subsection (c), inserted "broker price opinion or" near the beginning and inserted "and provided they follow the standards set forth in Article 6 of Chapter 93A " at the end of the first sentence and deleted the last sentence, which formerly read: "A real estate broker may perform a comparative market analysis for compensation or other valuable consideration only for prospective or actual brokerage clients or for real property involved in an employee relocation program"; added the last sentence in subdivision (f)(6); and made punctuation changes. Session Laws 2013-403, s. 1, effective January 1, 2014, in subsection (a), deleted "licensed or" preceding "certified" twice near the end of the subsection, and made a minor stylistic change. Session Laws 2018-74, s. 1(b), effective July 1, 2018, rewrote the introductory language of subsection (f), made minor, stylistic changes throughout, deleted "however, any" at the end of subdivision (f)(6), and added subdivision (f)(7); added subsection (g) designation; in present subsection (g), added "Notwithstanding any provision of subsection (f) of this section to the contrary, any", and substituted "subsection (f) of this section" for "this subsection".