2015 South Carolina Code of Laws
Title 40 - Professions and Occupations
CHAPTER 60 - SOUTH CAROLINA REAL ESTATE APPRAISER LICENSE AND CERTIFICATION ACT
Section 40-60-20. Definitions.

As used in this chapter unless the context requires otherwise:

(1) "Analysis" means a study of real estate or real property other than one estimating value.

(2) "Appraisal", as a noun, means the act or process of developing an opinion of value; as an adjective, "appraisal" means of or pertaining to appraising and related functions including, but not limited to, appraisal practice and appraisal services.

(3) "Appraisal assignment" or "valuation assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion that estimates the value of real estate.

(4) "Appraisal Foundation" means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois, containing the Appraisal Standards Board (ASB), Appraiser Qualifications Board (AQB), a board of trustees, and other advisory bodies.

(5) "Appraisal report" means any communication, written or oral, of an appraisal. The testimony of an individual dealing with the analyses, conclusions, or opinions concerning identified real estate or real property is considered to be an oral appraisal report.

(6) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended, as well as the Secretary of the Department of Housing and Urban Development, or his designee, under the Department of Housing and Urban Development Reform Act of 1989 (12 U.S.C. Section 1708(e)).

(7) "Appraiser" means a person who holds a permit, license, or certification issued by the board that allows the person to appraise real property.

(8) "Apprentice appraiser" means an individual authorized by permit to assist a state certified appraiser in the performance of an appraisal if the apprentice is actively and personally supervised by the certified appraiser.

(9) "Board" means the South Carolina Real Estate Appraisers Board established pursuant to the provisions of this chapter.

(10) "Complex residential property appraisal" means one in which the property to be appraised, the form of ownership, or market conditions are atypical.

(11) "Evaluation" means an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate and does not estimate value.

(12) "Federally related transaction" means any real estate-related financial transaction which a federal financial institution regulatory agency engages in, contracts for, or regulates.

(13) "Market analysis" means a study of real estate market conditions for a specific type of property.

(14) "Mass appraisal" means the process of valuing a universe of properties as of a given date using standard methodology, employing common data, and allowing for statistical testing.

(15) "Mass appraiser" means any appraiser who is employed in the office of a tax assessor to appraise real property for ad valorem tax purposes and who is licensed or certified as a mass appraiser.

(16) "Noncomplex residential property appraisal" means one in which the property to be appraised, the form of ownership, and market conditions are those which are typically found in the subject market.

(17) "Person" means an individual, corporation, partnership, or association, foreign and domestic.

(18) "Real estate" means an identified parcel or tract of land including improvements, if any.

(19) "Real estate appraisal activity" means the act or process of valuing real estate or real property and preparing an oral or written report.

(20) "Real property" means the interests, benefits, and rights inherent in the ownership of real estate.

(21) "Residential appraisal" is an appraisal of a vacant or improved parcel of land that is devoted to or available for use as a one to four family abode including, but not limited to, a single family home, apartment, or rooming house.

(22) "Specialized services" means services other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing studies, financing studies, and feasibility studies, valuations, analyses, opinions, and conclusions given in connection with activities including, but not limited to, real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling.

(23) "Standards of professional appraisal practice" or "USPAP" means the National Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation and adopted by the board.

(24) "State-certified general appraiser" means an appraiser authorized to engage in the appraisal of all types of real property.

(25) 'State-certified general mass appraiser' means an appraiser authorized to engage in all types of real estate mass appraisal activity for ad valorem purposes.

(26) "State-certified residential appraiser" means an appraiser authorized to engage in the appraisal of one to four residential units without regard to transaction value or complexity and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars.

(27) "State-certified residential mass appraiser" means an appraiser authorized to engage in the mass appraisal of one to four residential units without regard to value or complexity and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars.

(28) "State-licensed appraiser" means an appraiser authorized to engage in the appraisal of noncomplex one to four residential units having a transaction value less than one million dollars and complex one to four residential units and nonresidential appraisals having a transaction value less than two hundred fifty thousand dollars.

(29) "State-licensed mass appraiser" means an appraiser authorized to engage in the mass appraisal of noncomplex one to four residential units having a transaction value less than one million dollars and complex one to four residential units and nonresidential appraisals having a transaction value less than two hundred fifty thousand dollars.

(30) "Timberland" means forestland that is producing or is capable of producing timber as a crop.

(31) "Valuation" means an estimate of the value of real estate or real property.

HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 1, eff May 16, 2014.

Editor's Note

Prior Laws:1991 Act No. 12, Section 1; 1993 Act No. 143, Section 1; 1994 Act No. 385, Section 19; 2000 Act No. 335, Section 1.

Effect of Amendment

2014 Act No. 180, Section 1, in the introductory paragraph, deleted "In addition to the definitions provided in Section 40-1-20,"; in subsection (2), deleted "for or in expectation of compensation, fee, or other consideration" following "value"; in subsection (4), added the acronyms; in subsection (5), substituted "an individual dealing with the analyses" for "an appraiser dealing with the appraiser's analyses"; in subsection (8), substituted "Apprentice appraiser" for "Appraiser apprentice"; deleted former subsection (13), definition of "Independent appraisal assignment"; redesignated the remaining subsections accordingly; in subsection (19), substituted "an oral or written report" for "an appraisal report"; and made other nonsubstantive changes.