Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H276 Compare Versions

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22 HOUSE DOCKET, NO. 1192 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 276
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Edward F. Coppinger
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act defining client, intended use and intended user in real property appraisal assignments and
1313 reports.
1414 _______________
1515 PETITION OF:
1616 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
1717 HOUSE DOCKET, NO. 1192 FILED ON: 1/18/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 276
1919 By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 276) of
2020 Edward F. Coppinger and others relative to the definition of users and intended users in real
2121 property appraisal assignments and reports. Consumer Protection and Professional Licensure.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 340 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act defining client, intended use and intended user in real property appraisal assignments and
3030 reports.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 SECTION 1. Section 173 of Chapter 112 of the General Laws is hereby amended by
3434 2adding the following definitions:-
3535 3 “Client”, the party or parties who engage, by employment or contract, an appraiser in a
3636 4specific appraisal assignment.
3737 5 “Intended Use”, the use or uses of an appraiser’s reported appraisal or appraisal review
3838 6assignment opinions and conclusions, as identified by the appraiser based on communication
3939 7with the client at the time of the assignment. 2 of 2
4040 8 “Intended User”, the client and any other party as identified, by name or type, as users of
4141 9the appraisal or appraisal review report by the appraiser on the basis of communication with the
4242 10client at the time of the assignment.
4343 11 SECTION 2. Chapter 112 of the General Laws is hereby amended by adding new Section
4444 12189A as follows:
4545 13 Section 189A. An appraisal report or appraisal review report, including any data, work
4646 14papers, opinion of market value, certification, and statement is deemed prepared at the request of
4747 15and exclusively for the benefit of the appraiser’s client or intended user, and for the intended use,
4848 16as specified in the appraisal report or appraisal review report. An appraiser shall (i) not be liable
4949 17in a court of law to any person other than the client or intended user; and (ii) not be subject to
5050 18disciplinary action stemming from a complaint filed with the Division of Professional Licensure
5151 19by any person other than the client or intended user.