O.C.G.A.

43-39A-24 (2019)

Unlawful to operate without appraiser classification; exceptions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Except as provided in this Code section, on and after July 1, 1991, it shall be unlawful for anyone to engage in real estate appraisal activity in this state without first obtaining an appraiser classification as provided in this chapter. Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in the practice for which such person is licensed. (b) This chapter shall not apply to: (1) Individuals: (A) Who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion, or conclusion; or (B) Who assist an appraiser in the preparation of an appraisal report but do not sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the ordinary course of real estate brokerage business, gives a broker’s price opinion, competitive market analysis, or any other written or oral opinion to a potential seller, purchaser, landlord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal; (3) A registered forester registered pursuant to the provisions of Part 2 of Article 1 of Chapter 6 of Title 12, who appraises or evaluates standing or growing timber located in this state and issues an appraisal or valuation on such timber as permitted under such

registration, except that, when an appraisal or valuation of standing or growing timber is to be used in a federally related loan transaction, such registered forester must obtain the proper appraiser classification under this chapter, if required by federal law and the Appraisal Subcommittee; (4) Any individual, partnership, limited liability company, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner; (5) Any person who testifies to the value of real estate or real property in the courts of this state; (6) Any officer or employee of a government agency in the conduct of official duties, except when the appraisal is being used by a government agency exercising its power of eminent domain; or (7) Unless otherwise required by federal law or regulation, a person appraising real estate or real property exclusively for the use of a bank, a savings and loan association, or a credit union. (c) The exceptions provided by subsection (b) of this Code section shall not apply to any person who holds an appraiser classification.

History

Code 1981, § 43-39A-24, enacted by Ga. L. 1990, p. 1701, § 1; Ga. L. 1991, p. 266, § 6; Ga. L. 1992, p. 1402, § 1; Ga. L. 1993, p. 123, § 48; Ga. L. 2019, p. 724, § 9/HB 192. The 2019 amendment, effective July 1, 2019, in paragraph (b)(3), substituted

‘‘Part 2 of Article 1 of Chapter 6 of Title 12,’’ for ‘‘Code Section 12-6-40’’, substituted ‘‘an appraisal’’ for ‘‘a ‘certified’ appraisal’’, and substituted ‘‘under such registration’’ for ‘‘by Code Section 12-6-40’’ in the middle.

Annotations

JUDICIAL DECISIONS Court testimony of out-of-state appraiser. - On a petition for confirmation of a foreclosure sale, the valuation report and testimony of a Kentucky appraiser should have been allowed into evidence; the words ‘‘any person who holds an appraiser classification’’ in O.C.G.A. § 43-39A-24(c) refer only to a person who holds such a classification issued by the

Georgia Real Estate Appraisers Board and, thus, the exceptions in O.C.G.A. § 43-39A-24(b) do not apply to any person holding a Georgia appraiser classification, but the exceptions do apply to persons holding appraiser classifications from other states. Leota Properties, Ltd. v. Bank One Lexington, 212 Ga. App. 508, 441 S.E.2d 920 (1994).

OPINIONS OF THE ATTORNEY GENERAL Real estate broker’s price opinion. - Licensed real estate broker who is not licensed as a real estate appraiser may

provide a real estate broker’s price opinion to a lending institution for financing purposes. 1999 Op. Att’y Gen. No. 99-15.

Notes of Decisions

Cited in 1 case, 1994–1994 · leading case: Leota Props., Ltd. v. Bank One Lexington, N.A., 441 S.E.2d 920 (Ga. Ct. App. 1994).

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Leota Props., Ltd. v. Bank One Lexington, N.A., 441 S.E.2d 920 (Ga. Ct. App. 1994). · cites it 23× “In its order, the trial court explained that the evidence was excluded based on OCGA § 43-39A-24 which prohibits “anyone [from engaging] in real estate appraisal activity in this state without first obtaining an appraiser classification as provided in this chapter.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.