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2 | 2 | | HOUSE DOCKET, NO. 1192 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 276 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Edward F. Coppinger |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act defining client, intended use and intended user in real property appraisal assignments and |
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13 | 13 | | reports. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Edward F. Coppinger10th Suffolk1/18/2023David F. DeCoste5th Plymouth1/26/2023Josh S. Cutler6th Plymouth1/31/2023Daniel M. Donahue16th Worcester2/14/2023 1 of 2 |
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17 | 17 | | HOUSE DOCKET, NO. 1192 FILED ON: 1/18/2023 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 276 |
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19 | 19 | | By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 276) of |
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20 | 20 | | Edward F. Coppinger and others relative to the definition of users and intended users in real |
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21 | 21 | | property appraisal assignments and reports. Consumer Protection and Professional Licensure. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 340 OF 2021-2022.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Third General Court |
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27 | 27 | | (2023-2024) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act defining client, intended use and intended user in real property appraisal assignments and |
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30 | 30 | | reports. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Section 173 of Chapter 112 of the General Laws is hereby amended by |
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34 | 34 | | 2adding the following definitions:- |
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35 | 35 | | 3 “Client”, the party or parties who engage, by employment or contract, an appraiser in a |
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36 | 36 | | 4specific appraisal assignment. |
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37 | 37 | | 5 “Intended Use”, the use or uses of an appraiser’s reported appraisal or appraisal review |
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38 | 38 | | 6assignment opinions and conclusions, as identified by the appraiser based on communication |
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39 | 39 | | 7with the client at the time of the assignment. 2 of 2 |
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40 | 40 | | 8 “Intended User”, the client and any other party as identified, by name or type, as users of |
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41 | 41 | | 9the appraisal or appraisal review report by the appraiser on the basis of communication with the |
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42 | 42 | | 10client at the time of the assignment. |
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43 | 43 | | 11 SECTION 2. Chapter 112 of the General Laws is hereby amended by adding new Section |
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44 | 44 | | 12189A as follows: |
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45 | 45 | | 13 Section 189A. An appraisal report or appraisal review report, including any data, work |
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46 | 46 | | 14papers, opinion of market value, certification, and statement is deemed prepared at the request of |
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47 | 47 | | 15and exclusively for the benefit of the appraiser’s client or intended user, and for the intended use, |
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48 | 48 | | 16as specified in the appraisal report or appraisal review report. An appraiser shall (i) not be liable |
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49 | 49 | | 17in a court of law to any person other than the client or intended user; and (ii) not be subject to |
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50 | 50 | | 18disciplinary action stemming from a complaint filed with the Division of Professional Licensure |
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51 | 51 | | 19by any person other than the client or intended user. |
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