Legal Question in Real Estate Law in California

I just found out from the Office of Real Estate Appraisers in California that 2 of my appraisals are being investigated for I guess possible USPAP violations, negligence and/or fraud. However, one of the appraisals is over 5 years and the other is 4.9 years old. Can OREA investigate and/or impose fines, etc. legally ??? Is it not true that the statute of limitations has expired ???? Any help would be greatly appreciated...


Asked on 5/23/12, 12:02 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Statutes of limitations apply to lawsuits in courts, not to disclplinary actions by regulatory bodies, which may or may not have similar rules. Further, statutes of limitations for lawsuits generally do not start to run until the alleged wrongdoing is discovered, or with reasonable diligence should have been discovered, by the injured party.

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Answered on 5/24/12, 1:34 pm
Anthony Roach Law Office of Anthony A. Roach

After reading this post, I've done some research and cannot find a specific time limitation on the OREA to impose discipline or even investigate. This seems odd to me, because I know that for attorneys, there is a general 5 year limitations period in which the State Bar does not pursue things older than 5 years. You may want to check the California Code of Regulations or any of the information that you may have been provided in any continuing education requirements.

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Answered on 6/02/12, 10:02 pm


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