Attn: Bob Clark, Director
From: Appraiser Name, License number Re: SB237, AMC Registration
(Chapter 173, statutes of 2009)
SB237 is crucial to California small businesses. It is also significant to the welfare of California consumers. An equitable registration process makes the AMC a valued and responsible partner. Consider the following, in some form, in the final version of SB237.
1) An AMC must maintain a bond or similar surety. The OREA shall set the amount at no less than Fifteen Thousand dollars ($15,000) or more than twenty-five thousand dollars ($25,000);
2) At minimum, 20% of the equity of a registered AMC must be owned by individuals residing in the State of California;
3) An AMC shall not require, or include a hold harmless provision in any contract for an appraisal or require that an appraiser indemnify the AMC against any liability.
4) An AMC shall allow complete appraiser access to any file it may maintain on an individual appraiser. This shall include any and all communications that affect an individual appraiser’s assignments for the AMC.
5) Any AMC employee who selects appraisers shall have geographic competence and appraisal product awareness; any employee, or contract agent, that reviews appraisals shall have similar competence, an active appraisal license in good standing, knowledge of the Uniform Standards of Professional Appraisal Practice (USPAP) and identical data.
6) 100% of appraisal fees (reasonable and customary prior to the HVCC), unless other-wise agreed, shall be paid to the appraiser. An invoice shall be included as part of the appraisal report when submitted. Except in cases of breach of contract, or substandard work, payment for any appraisal, or valuation assignment, shall be made within fifteen (15) days of the date on which the report, or assignment, is transmitted to the AMC unless the appraiser has otherwise been notified in writing.
7) Work requested by the AMC, in addition to the contracted scope of work, and after submission of the contracted appraisal, shall require an additional payment of not less than 25% of the original fee.
Respectfully submitted,
Appraiser’s name