In response to a request by its Real Estate Appraisers’ Advisory Committee, Council recently approved amendments to section 18 of the Real Estate Act Rules eliminating the timeframe from the Rules for a candidate to become an appraiser. Previously, section 18 of the Rules required real estate appraiser candidates to become licensed as appraisers within five-years of the first date of licensing. The Committee identified that the five-year time limit was impossible for some candidates to meet because the three professional appraisal associations have different requirements. Council’s actions were in response to this issue. The amendments to section 18 mean that a candidate will have to attain the appraisal status of membership of one of the three professional appraisal associations within the time limits of the respective association of which the candidate is a member. When RECA assumed responsibility for the regulation of real estate appraiser candidates and appraisers in Alberta on October 1, 2004, the Real Estate Act Rules section 18(5) stated that: 18(5) An individual who receives a candidate licence must complete the educational and examination requirements or other qualifications, if any, prescribed, adopted or approved by the appraiser associations for the appraiser category of licence within five years of the date the candidate licence is first issued by the Council. The three professional appraisal associations have always been responsible for setting their own minimum standards of education and training required for a candidate to obtain full and active appraiser membership. At the time section 18 was drafted and included in the Rules, the five-year time limit was reasonable based on these educational and examination requirements or other qualifications required. However, the professional appraisal associations have since changed some of the requirements that need to be met before proceeding from a candidate licence to an appraiser licence. As a result, in some cases, candidates are not able to meet the requirements within the five-year period that was specified in section 18 of the Rules. Amendments The three professional appraisal associations were contacted prior to Council considering the amendment and they support the idea of leaving the responsibility of deciding a time limit by which a candidate must become an appraiser to the individual appraisal associations. Amendments to section 18 of the Rules include the requirement that if a candidate fails to obtain the educational and examination requirements or other qualifications of their professional association in the time specified by their professional association, the candidate must notify the executive director immediately that the candidate failed to obtain those qualifications. In those cases, the candidate’s licence shall immediately be cancelled by the executive director. When a candidate licence has been cancelled pursuant to section 18(6), that individual cannot apply for a new candidate licence for a period of two years following the date of the cancellation of his or her candidate licence. Additionally, there will be no process through which the candidate can make an application to the RECA executive director for a time extension since there is no longer a time limit in the Rules. If a candidate did not meet the qualifications required by their professional association(s), he or she would have to seek a time extension through their association(s), if desired. The amended section 18 of the Real Estate Act Rules will read as follows:
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Education CornerMiscommunication of Real Estate Council of Alberta (RECA) policies by other industry associations continues to be a source of frustration for the Council. RECA's Education Policy is clarified in this article. LEgal cornerJudge finds that silence by a seller – that is, knowledge of a defect but failure to disclose that knowledge – may constitute concealment when there is a contractual obligation to disclose. Review Understanding Designated Agency and Transaction Brokerage course materials for free!Industry members who have completed the Understanding Designated Agency and Transaction Brokerage course have the option of reviewing course materials – online – for free. Council Member OpportunityRECA is currently seeking a new industry member council member to represent those industry members who do not belong to the Alberta Real Estate Association. CONTACT RECAThe Regulator is published by the Real Estate Council of Alberta. Please forward any questions regarding the content of the Regulator, or any questions regarding licensing or mandatory education, to info@reca.ca. Please forward your comments and suggestions for our next issue of the Regulator, and any broken links, to communications@reca.ca. |
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