2009 California Civil Code - Section 1090.5 :: Article 7. Unlawful Influence Of AppraisersCIVIL CODE
1090.5. (a) No person with an interest in a real estate transaction involving an appraisal shall improperly influence or attempt to improperly influence, through coercion, extortion, or bribery, the development, reporting, result, or review of a real estate appraisal sought in connection with a mortgage loan. Prohibited acts include, but are not limited to, the following: (1) Withholding or threatening to withhold timely payment for an appraisal. (2) Withholding or threatening to withhold future business for an independent appraiser, including removal from approved panels of appraisers. (3) Expressly or impliedly promising future business, promotions, or increased compensation for an independent appraiser. (4) Conditioning the request for an appraisal service or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation in an appraisal report, or on a preliminary estimate or opinion requested from an independent appraiser. (5) Requesting the payment of compensation to achieve higher priority in the assignment of appraisal business. (6) Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, providing to an appraiser an anticipated, estimated, encouraged, or desired valuation in an appraisal report, or requesting that an appraiser provide estimated values of comparable sales at any time before the appraiser completes an appraisal report. (b) Subdivision (a) does not prohibit a person with an interest in a real estate transaction from asking an appraiser to do any of the following: (1) Consider additional, appropriate property information. (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion. (3) Correct errors in the appraisal report. (c) If a person who violates this section is licensed or registered under any state licensing or registration law and the violation occurs within the course and scope of the person's duties as a licensee or registrant, the violation shall be deemed a violation of that law. (d) Nothing in this section shall be construed to authorize communications that are otherwise prohibited under existing law.
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