Experienced Representation in Indiana
Indiana Real Estate Appraiser Lawyer
As an Indiana real estate appraiser, you had to complete specific educational requirements. Once licensed, you must comply with extensive state and federal regulation, and conform to the rules and standards that govern the profession. Experienced appraisers have spent years of work and study to learn the profession and maintain current knowledge in the field of real estate. When your license is at risk, whether due to a mistake, an allegation of neglect or wrongdoing, or questions about your qualifications, you need to consult an Indiana real estate appraiser lawyer at Keffer Hirschauer LLP as soon as possible to begin building a defense plan and strategy to protect your livelihood.
Our Indiana real estate appraiser attorneys are skilled litigators with a depth of knowledge and understanding about professional license matters critical to developing optimal strategies to protect your license, business, and career.
How a Keffer Hirschauer LLP Indiana Real Estate Appraiser Lawyer Can Help
Defending your license can be a daunting endeavor. Knowing the identity and role of the agencies involved and the legal processes followed in professional license matters takes time and study. Help from a professional license defense attorney gives you a direct path through to the other side and knowledgeable advice and representation throughout the process.
An experienced Indianapolis real estate appraiser lawyer from Keffer Hirschauer LLP can help you understand and manage various aspects of certification and professional license defense in Indiana, including:
- Federal regulations
- State laws
- Agencies and organizations that administer laws, oversee licensure and certification, or establish and maintain standards
- Types of real estate appraiser licenses and certifications in Indiana
- Qualifications for licensure or certification
- Disciplinary actions and sanctions that can be levied against real estate appraisers
If a legal question arises related to your Indiana real estate appraiser license or certification, the professional liability of real estate appraisers, or another legal matter in the field, it is important that you seek the assistance of a qualified Indiana real estate appraiser lawyer as soon as possible to best protect your interests and career.
Federal and State Governance of Real Estate Appraisers in Indiana
Appraiser licensure in Indiana is administered by the Real Estate Appraiser Licensure and Certification Board (Board) under the guidance of federal and state laws and the agencies and organizations granted the authority and responsibility to regulate the profession. The Board is responsible for administering a program for real estate appraiser licensure and certification that meets the requirements of federal law under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act.
The Indiana Real Estate Commission is tasked with establishing the rules and standards for the licensure and certification program as well as other aspects of Indiana real estate appraisal practice in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) as interpreted by the Appraisal Standards Board.
The Office of the Indiana Attorney General (AG) and the Indiana Professional Licensing Agency (PLA) provide oversight and assist the commission and Board in the performance of their duties as well as in the administration of a mandated investigative fund.
The number and variety of agencies and organizations involved in the regulation of licensed appraisers make real estate appraiser professional license defense in Indiana quite complex and intricate. If you are facing disciplinary sanctions or a problem with your license or certification, you need the assistance of an experienced real estate appraiser license defense lawyer in Indianapolis—like the skilled professional license attorneys at Keffer Hirschauer LLP.
Types of Licenses and Certifications in Indiana Real Estate Appraisal
To legally appraise real estate in Indiana, a person must obtain and maintain one of the following licenses or certifications:
- Appraiser Temporary Permit (for appraisers licensed in another state)
- Appraiser Trainee License (to work under the supervision of a certified appraiser who has held an Indiana license for a minimum of three years and completed the supervisor training course)
- Certified General Appraiser (CGA) License
- Certified Residential Appraiser (CRA) License
In addition, a company that negotiates real estate appraisal contracts or arranges for appraisals to be completed must be licensed as an Appraisal Management Company. These businesses must meet certain guidelines under the law, including registering with the Board, and operate in accordance with professional standards.
There are a few exceptions that allow other individuals to perform appraisals in Indiana. Indiana Code § 25-34.1-3-8 states that the following people may perform appraisals without one of the specific licenses noted above:
- A county assessor
- A township assessor
- An employee of a county or township assessor
- A licensed real estate broker
Under Indiana Code § 25-34.1-8-12, performing appraisals without a license (unless qualified for exemption as noted) is a class B infraction in Indiana. The attorney general’s office, the Real Estate Appraiser Licensure and Certification Board, or the prosecuting attorney in the county where an infraction occurred or is alleged to have occurred may enjoin an individual who practices without a license or otherwise fails to meet the established standards of the profession.
If you’re having trouble getting application for a license, certification, or registration approved, contacting an Indiana real estate appraiser lawyer as early as possible in the process to help identify and remedy problem areas and get your future back on track.
When Do You Need an Indiana Real Estate Appraiser Lawyer
To become a certified appraiser in Indiana, you must meet specific criteria, including educational requirements, passing an examination, and submitting to a criminal background check. To maintain licensure in Indiana, an appraiser must meet continuing education requirements, file for renewal annually, pay all associated fees, and remain otherwise qualified to hold a professional license.
Certified appraisers in Indiana must comply with all regulations governing the practice of real estate appraisals and meet the requirements regarding professional standards set forth in Indiana Code. Grounds for disciplinary action against an Indiana real estate appraiser include the following:
- Obtaining a license or certification under fraudulent terms
- Committing fraud or deception in the performance of professional services
- Using false or fraudulent advertising of professional services
- Being convicted of a crime or found liable in a civil case involving fraudulent billing practices
- Violating a state or federal law that governs the practice of real estate appraisals (with knowledge of such violation)
- Practicing after being found unfit to do so
- Engaging in immoral conduct within the course of providing services
- Being the subject of disciplinary action in another state
- Assisting in any act in violation of the laws governing real estate appraisal practice
- Allowing someone else to use your appraiser license or certification
- Displaying a license or certification that is no longer active
- Failing to comply with disciplinary sanctions
Real estate appraisal who are found to have committed any of the acts above may be sanctioned in one or more of the following ways:
- Payment of restitution to a harmed consumer
- Civil penalties of up to $1,000 per violation
- Letter of reprimand
- Certification revocation
- Certification suspension
Additionally, real estate appraisers in Indiana must notify the Indiana Real Estate Commission within 30 days if they are convicted of any crime while licensed. Some convictions may result in denial, revocation, or suspension of an Indiana real estate appraiser’s certification. These include various crimes related to the possession, manufacture, and distribution of drugs or other controlled substances; certain felonies; and sex crimes. Crimes with direct bearing on an appraiser’s ability to perform his or her duties competently or those indicative of the potential to cause public harm may also be considered grounds for license denial, suspension, or revocation.
Businesses that meet the definition of an Appraisal Management Company in Indiana must be registered with the state, meet specific guidelines under Indiana law, and follow specific rules for the performance of work that is related to real estate appraisals, negotiating appraisal contracts, and more. An Appraisal Management Company that does not meet these requirements may be subject to fines of up to $10,000 per violation and the same disciplinary sanctions listed above for individuals.
If you are accused of any of the activities above or your Indiana professional license is otherwise endangered, an Indiana real estate appraiser lawyer at Keffer Hirschauer LLP can help you make sense of the applicable laws, regulations, and governing bodies and evaluate the specific facts of your case to build a defense targeted to getting you back to work as quickly as possible.
Decisions regarding professional license denial, revocation, or suspension, as well as those asserting other disciplinary sanctions against a real estate appraiser in Indiana, are generally eligible for appeal. The Indiana real estate appraiser attorneys at Keffer Hirschauer can help you identify where things went wrong in your case and build the strongest argument for overturning a decision against you.
Contact an Indiana Real Estate Appraiser Lawyer at Keffer Hirschauer LLP
The Indiana PLA, the Real Estate Licensure and Certification Board, and other related government entities are not permitted to dispense legal advice regarding licensing matters and professional license defense in Indiana. On the agency’s website, the PLA advises licensees or others with legal questions to thoroughly review all related regulations and laws or consult a qualified attorney.
When facing threats to your real estate appraiser certification or Appraisal Management Company registration, you need a knowledgeable ally to guide and represent you through the process. Your professional license or registration is vital to your professional and personal well-being and, for a business, those of your employees. Any threat to your certification or registration is a threat to your career business, and future. Don’t risk it all by going it alone.
An Indiana real estate appraiser lawyer at Keffer Hirschauer LLP can assist you in interpreting all relevant laws, applying those laws to your specific situation, and managing the process of defending your license and reputation. Our experience and knowledge in criminal defense and professional liability matters complement our professional license defense practice, allowing us to serve you in those areas as well if your case requires it.
To schedule a free consultation, contact your Indiana real estate appraiser lawyer at Keffer Hirschauer LLP now by calling (317) 857-0160 or completing our online contact form.