61-2b-3. License or certification required.
(1) Except as provided in Subsection (2) and in Subsection 61-2b-6(2), it is unlawful for
anyone to prepare, for valuable consideration, an appraisal, an appraisal report, a certified
appraisal report, or perform a consultation service relating to real estate or real property in this
state without first being licensed or certified in accordance with this chapter.
(2) This section does not apply to:
(a) a real estate broker or sales agent as defined by Section 61-2-2 licensed by this state
who, in the ordinary course of the real estate broker's or sales agent's business, gives an opinion:
(i) regarding the value of real estate;
(ii) to a potential seller or third party recommending a listing price of real estate; or
(iii) to a potential buyer or third party recommending a purchase price of real estate;
(b) an employee of a company who states an opinion of value or prepares a report
containing value conclusions relating to real estate or real property solely for the company's use;
(c) any official or employee of a government agency while acting solely within the scope
of the official's or employee's duties, unless otherwise required by Utah law;
(d) an auditor or accountant who states an opinion of value or prepares a report
containing value conclusions relating to real estate or real property while performing an audit;
(e) an individual, except an individual who is required to be licensed or certified under
this chapter, who states an opinion about the value of property in which the person has an
ownership interest;
(f) an individual who states an opinion of value if no consideration is paid or agreed to be
paid for the opinion and no other party is reasonably expected to rely on the individual's appraisal
expertise;
(g) an individual, such as a researcher or a secretary, who does not render significant
professional assistance, as defined by the board, in arriving at a real estate appraisal analysis,
opinion, or conclusion; or
(h) an attorney authorized to practice law in this state who, in the course of the attorney's
practice, uses an appraisal report governed by this chapter or who states an opinion of the value
of real estate.
(3) An opinion of value or report containing value conclusions exempt under Subsection
(2) may not be referred to as an appraisal.
Amended by Chapter 199, 2005 General Session
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Last revised: Thursday, May 28, 2009