A. After December 31, 1992, except as provided in § 54.1-2010 and in subsections C and E of this section, it shall be unlawful to engage in the appraisal of real estate or real property for compensation or valuable consideration in this Commonwealth without first obtaining a real estate appraiser's license in accordance with Board regulations promulgated pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).
B. After December 31, 1992, except as provided in § 54.1-2010, it shall be unlawful for any person who is not licensed pursuant to this chapter to perform an appraisal in connection with a federally related transaction.
C. Notwithstanding subsections A and B of this section, an individual who is not a licensed residential real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser may assist in the preparation of and sign an appraisal if:
1. The assistant is under the direct supervision of a licensed residential real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser; and
2. The appraisal is reviewed, attested to be accurate and complete, and signed by such licensed residential real estate appraiser, certified residential real estate appraiser, or certified general real estate appraiser in accordance with this chapter.
D. This chapter shall not prevent or affect the practice of any profession or trade for which licensing, certification, or registration is required under any other Virginia law.
E. A corporation, partnership, or other business entity may provide appraisal services if each appraisal is prepared and signed by an individual licensed in accordance with this chapter and such corporation, partnership, or other business entity has registered with the Board. However, any appraisal management company that is required to be licensed under § 54.1-2021.1 shall not be required to have an additional license under this section.
F. An appraiser engaged by an appraisal management company to perform appraisal services shall disclose the actual fee paid to the appraiser by the appraisal management company as part of the appraisal report. The disclosure of such fee shall not be prohibited by the appraisal management company as otherwise provided in § 54.1-2022.
1990, c. 459; 1992, c. 338; 2012, c. 405.
Notes of Decisions
Lee Gardens Arlington Ltd. P'ship v. Arlington Cnty. Bd., 463 S.E.2d 646 (Va. 1995).
· cites it 4× “1 of the Code, the Attorney General concluded that it is unlawful [under Code § 54.1-2011(A)] for anyone, including a licensed real estate broker, who does not have a real estate appraiser’s license to testify for compensation about the value of real estate in any court…”
Cnty. of Albemarle v. Keswick Club, LP, 699 S.E.2d 491 (Va. 2010).
· cites it 4× “The County argues that Sangree should not have been permitted to testify because at that time he was not licensed by the Commonwealth as a real estate appraiser as required under Code § 54.1-2011. The County also argues that even if Sangree's testimony was admissible, it was…”
Commonwealth Transp. Comm'r v. Baxter, 44 Va. Cir. 148 (Spotsylvania Cir. Ct. 1997).
· cites it 5× “The landowner’s argument that the amendment completely removes the prohibition against unlicensed appraisers’ testifying in legal proceedings would have more potency if the amendment had been placed in § 54.1-2011, titled “Necessity for license.”
Rosenblum v. Virginia Dep't of Taxation, 86 Va. Cir. 21 (Albemarle Cir. Ct. 2012).
· cites it 5× “The argument set forth by the Virginia Department of Taxation is that, in December 2006, the Rosenblums appraiser was not properly registered under Virginia Code § 54.1-2011 and, therefore, the taxpayers cannot satisfy all statutory requirements for tax immunity.”
Forest Lodge, L.L.C. v. Virginia Dep't of Taxation, 86 Va. Cir. 230 (Albemarle Cir. Ct. 2013).
· cites it 4× “in order to qualify for a tax credit under this section, the qualified appraisal shall be signed by the qualified appraiser, who must be licensed in the Commonwealth of Virginia as provided in § 54.1-2011, and a copy of the appraisal shall be submitted to the Department— Section…”
— Va. Code Ann. § 54.1-2011(A) — 3 cases
Lee Gardens Arlington Ltd. P'ship v. Arlington Cnty. Bd., 463 S.E.2d 646 (Va. 1995).
“1 of the Code, the Attorney General concluded that it is unlawful [under Code § 54.1-2011(A)] for anyone, including a licensed real estate broker, who does not have a real estate appraiser’s license to testify for compensation about the value of real estate in any court…”
Commonwealth Transp. Comm'r v. Baxter, 44 Va. Cir. 148 (Spotsylvania Cir. Ct. 1997).
“The landowner’s argument that the amendment completely removes the prohibition against unlicensed appraisers’ testifying in legal proceedings would have more potency if the amendment had been placed in § 54.1-2011, titled “Necessity for license.”
— Va. Code Ann. § 54.1-2011(C) — 1 case
Commonwealth Transp. Comm'r v. Baxter, 44 Va. Cir. 148 (Spotsylvania Cir. Ct. 1997).
“The landowner’s argument that the amendment completely removes the prohibition against unlicensed appraisers’ testifying in legal proceedings would have more potency if the amendment had been placed in § 54.1-2011, titled “Necessity for license.”
— Va. Code Ann. § 54.1-2011(E) — 1 case
Forest Lodge, L.L.C. v. Virginia Dep't of Taxation, 86 Va. Cir. 230 (Albemarle Cir. Ct. 2013).
“in order to qualify for a tax credit under this section, the qualified appraisal shall be signed by the qualified appraiser, who must be licensed in the Commonwealth of Virginia as provided in § 54.1-2011, and a copy of the appraisal shall be submitted to the Department— Section…”
— Va. Code Ann. § 54.1-2011(e) — 1 case
Rosenblum v. Virginia Dep't of Taxation, 86 Va. Cir. 21 (Albemarle Cir. Ct. 2012).
“The argument set forth by the Virginia Department of Taxation is that, in December 2006, the Rosenblums appraiser was not properly registered under Virginia Code § 54.1-2011 and, therefore, the taxpayers cannot satisfy all statutory requirements for tax immunity.”
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