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1999 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2010 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2010. Exemptions from licensure.
A. The provisions of this chapter shall not apply to:
1. A real estate broker or salesperson licensed in this the Commonwealth who,
in the ordinary course of business, provides a valuation or analysis of real estate
for the purpose of a prospective listing, sale or purchase in connection
with services related to real estate brokerage, provided (i) that the valuation
or analysis shall not be referred to as an appraisal and shall not be used in
connection with obtaining a loan to finance or refinance the real estate, and
(ii) that in connection with a sale or purchase of real estate no compensation,
fee, or other consideration is paid for such valuation or analysis other than
the fee paid for brokerage services rendered in connection with the sale or
purchase of the real property involved a fee; however, such person shall not
hold himself out as a real estate appraiser, and the valuation shall not be referred to as
an appraisal and shall not be used in lieu of an appraisal performed by a licensed
appraiser.
2. An officer or employee of the United States of America, or of this the
Commonwealth or a political subdivision thereof, where the employee or officer is performing
his official duties, provided that such individual does not furnish advisory service for compensation
to the public or act as an independent contracting party in this the
Commonwealth or any political subdivision thereof in connection with the appraisal of real
estate or real property.
3. Any person who, in the ordinary course of business, provides consulting
services, or consultative brokerage for a fee, which services may include a
valuation or analysis of real estate or standing or severed timber; provided such
consulting services or consultative brokerage shall not be referred to as an appraisal and
shall not be used in connection with obtaining a loan to finance or refinance
real property or standing or severed timber or in connection with any federally
related transaction.
4. Any person who, in the regular course of business, provides services to his employer, which services may include a valuation or analysis of real estate, provided such services shall not be referred to as an appraisal and shall not be used in lieu of an appraisal performed by an appraiser licensed hereunder.
5. Any person, or an employee of a financial institution or lender, who
provides an evaluation of real estate or real property in connection with a
real estate-related financial transaction where an appraisal by a
state-certified or state-licensed appraiser is not required by the state or
federal financial institution's regulatory agency engaging in, contracting for
or regulating such real estate-related financial transaction or regulating the
financial institution or lender engaged in or about to engage in such real
estate-related financial transaction. The evaluations provided by such persons
must shall comply with any standards imposed by the state or federal
financial institution's or lender's regulatory agencies for evaluations prepared by nonstate-certified or
nonstate-licensed appraisers.
B. Nothing contained herein shall proscribe the powers of a judge to determine
who may qualify as an expert witness to testify in any legal proceeding. This
provision is declarative of existing law.