§ 34.42 Definitions. ( a ) *Appraisal* means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion as to the market value of an adequately described property as of a specific date(s), supported by the presentation and analysis of relevant market information.
( b ) *Appraisal Foundation* means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois.
( c ) *Appraisal Subcommittee* means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
( d ) *Business loan* means a loan or extension of credit to any corporation, general or limited partnership, business trust, joint venture, pool, syndicate, sole proprietorship, or other business entity.
( e ) *Commercial real estate transaction* means a real estate-related financial transaction that is not secured by a single 1-to-4 family residential property.
( f ) *Complex appraisal for a residential real estate transaction* means one in which the property to be appraised, the form of ownership, or market conditions are atypical.
( g ) *Federally related transaction* means any real estate-related financial transaction entered into on or after August 9, 1990, that: ( 1 ) The OCC or any of its regulated institutions engages in or contracts for; and
( 2 ) Requires the services of an appraiser.
( h ) *Market value* means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: ( 1 ) Buyer and seller are typically motivated;
( 2 ) Both parties are well informed or well advised, and acting in what they consider their own best interests;
( 3 ) A reasonable time is allowed for exposure in the open market;
( 4 ) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
( 5 ) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
( i ) Real estate or real property means an identified parcel or tract of land, with improvements, and includes easements, rights of way, undivided or future interests, or similar rights in a tract of land, but does not include mineral rights, timber rights, growing crops, water rights, or similar interests severable from the land when the transaction does not involve the associated parcel or tract of land.
( j ) *Real estate-related financial transaction* means any transaction involving: ( 1 ) The sale, lease, purchase, investment in or exchange of real property, including interests in property, or the financing thereof; or
( 2 ) The refinancing of real property or interests in real property; or
( 3 ) The use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.
( k ) *Residential real estate transaction* means a real estate-related financial transaction that is secured by a single 1-to-4 family residential property.
( l ) *State certified appraiser* means any individual who has satisfied the requirements for certification in a State or territory whose criteria for certification as a real estate appraiser currently meet the minimum criteria for certification issued by the Appraiser Qualifications Board of the Appraisal Foundation. No individual shall be a State certified appraiser unless such individual has achieved a passing grade upon a suitable examination administered by a State or territory that is consistent with and equivalent to the Uniform State Certification Examination issued or endorsed by the Appraiser Qualifications Board of the Appraisal Foundation. In addition, the Appraisal Subcommittee must not have issued a finding that the policies, practices, or procedures of the State or territory are inconsistent with title XI of FIRREA. The OCC may, from time to time, impose additional qualification criteria for certified appraisers performing appraisals in connection with federally related transactions within its jurisdiction.
( m ) *State licensed appraiser* means any individual who has satisfied the requirements for licensing in a State or territory where the licensing procedures comply with title XI of FIRREA and where the Appraisal Subcommittee has not issued a finding that the policies, practices, or procedures of the State or territory are inconsistent with title XI. The OCC may, from time to time, impose additional qualification criteria for licensed appraisers performing appraisals in connection with federally related transactions within its jurisdiction.
( n ) *Tract development* means a project of five units or more that is constructed or is to be constructed as a single development.
( o ) *Transaction value* means: ( 1 ) For loans or other extensions of credit, the amount of the loan or extension of credit;
( 2 ) For sales, leases, purchases, and investments in or exchanges of real property, the market value of the real property interest involved; and
( 3 ) For the pooling of loans or interests in real property for resale or purchase, the amount of the loan or market value of the real property calculated with respect to each such loan or interest in real property.
[55 FR 34696, Aug. 24, 1990, as amended at 57 FR 12202, Apr. 9, 1992; 59 FR 29499, June 7, 1994; 79 FR 28400, May 16, 2014; 83 FR 15035, Apr. 9, 2018; 84 FR 53597, Oct. 8, 2019]