Sections
Subchapter I Council on Real Estate Appraisers 4001 – 4006
Subchapter II Certificate or License 4007 – 4018
Subchapter III Other Provisions 4019 – 4021
Subchapter IV Appraisal Management Companies 4022 – 4038

Terms Used In Delaware Code > Title 24 > Chapter 40

  • Alteration: means any modification or renovation of a facility which involves a structural change. See Delaware Code Title 26 Sec. 805
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: shall mean an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate as of a specific date. See Delaware Code Title 24 Sec. 4002
  • Appraisal management company: means a corporation, partnership, sole proprietorship, subsidiary or other business entity that directly or indirectly performs appraisal management services, regardless of the use of the term "appraisal management company" "mortgage technology provider" "lender processing services" "lender services" "loan processor" "mortgage services" "real estate closing services provider" "settlement services provider" "vendor management company" or any other term, and that does any of the following:

    a. See Delaware Code Title 24 Sec. 4002

  • Appraisal management services: means the process of receiving a request for the performance of real property appraisal services from a client, and for a fee paid by the client, entering into an agreement with 1 or more independent appraisers who are part of an appraiser panel to perform the real property appraisal services contained in the request. See Delaware Code Title 24 Sec. 4002
  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment, but does not include an examination of an appraisal for grammatical, typographical or other similar errors that do not communicate an opinion related to the appraiser's data collection, analysis, opinions, conclusions, estimate of value or compliance with the Uniform Standards of Professional Appraisal Practice. See Delaware Code Title 24 Sec. 4002
  • Appraiser panel: means a group of independent appraisers that has been selected by an appraisal management company to perform real property appraisal services for the appraisal management company. See Delaware Code Title 24 Sec. 4002
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • AQB: shall mean the Appraisal Qualifications Board appointed by the Appraisal Foundation to establish the minimum education, examination, and experience requirements for real estate appraisers providing appraisals in federally-related transactions. See Delaware Code Title 24 Sec. 4002
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authorization act: means an act of the General Assembly, concurred in by 3/4 of all the members of each House, appropriating funds of the State from the proceeds of bonds authorized to be issued by such act. See Delaware Code Title 26 Sec. 901
  • Board: means the Architectural Accessibility Board. See Delaware Code Title 26 Sec. 805
  • Bonds: means any bonds authorized to be issued by the State pursuant to an authorization act and to the payment of which the State has pledged its full faith and credit. See Delaware Code Title 26 Sec. 901
  • Bonds: means any bonds authorized to be issued by the State pursuant to a school construction bond authorization act. See Delaware Code Title 28 Sec. 106A
  • Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
  • Certified general real property appraiser: shall mean a person, who has met the certification requirements of this chapter pertaining to the appraisal of residential and nonresidential real property utilized in connection with federally-related transactions, and who holds a current, valid certificate issued under this chapter. See Delaware Code Title 24 Sec. 4002
  • Combative fighting: shall include , but not be limited to such terms as "toughman fighting" "toughwoman fighting" "badman fighting" "extreme fighting" and all such similar terms or names, and shall mean any unsanctioned combative sports or wrestling match, contest or exhibition between 2 or more participants and where members of the public are selected from the audience to participate with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament, championship or exhibition is not recognized or sanctioned by any international, national or regional professional sanctioning organization recognized by the Director. See Delaware Code Title 28 Sec. 102
  • Combative sports: shall include all professional boxing and mixed martial arts and all amateur boxing and mixed martial arts. See Delaware Code Title 28 Sec. 102
  • Combative sports entertainment: include d but not limited to "celebrity boxing" "entertainment boxing" and all such similar terms or names shall mean a display of skill for the purpose of entertaining an audience, consisting of choreographed or simulated combat in which techniques commonly used in combative sports are employed by participants. See Delaware Code Title 28 Sec. 102
  • Commission: means the Public Service Commission. See Delaware Code Title 26 Sec. 102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contest: shall mean a bout or group of bouts involving contestants competing in a professional or amateur combative sports or permitted combative sports entertainment event. See Delaware Code Title 28 Sec. 102
  • Contestant: shall mean a person who competes in any licensed combative sports event or permitted combative sports entertainment event. See Delaware Code Title 28 Sec. 102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
  • Controlling person: means any of the following:

    a. See Delaware Code Title 24 Sec. 4002

  • Conviction: A judgement of guilt against a criminal defendant.
  • Council: shall mean the State Council on Real Estate Appraisers established in this chapter. See Delaware Code Title 24 Sec. 4002
  • Council: shall mean the Combative Sports Advisory Council. See Delaware Code Title 28 Sec. 102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: shall mean the Director of the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
  • Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 4002
  • Division: shall mean the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Event: shall mean an organized series of contests and/or individual matches presented as a single occasion. See Delaware Code Title 28 Sec. 102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed practitioner, or the abuse of alcoholic beverage such that it impairs the ability to perform the work of an appraiser. See Delaware Code Title 24 Sec. 4002
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Facility: means any building, structure, installation or improved area of any nature whatsoever or any part thereof, which is utilized or held out for use by the public, and shall include, but not be limited to:

    a. See Delaware Code Title 26 Sec. 805

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Issuing officers: means the Governor, Secretary of State, State Treasurer and Secretary of Finance of the State. See Delaware Code Title 26 Sec. 901
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed real property appraiser: shall mean a person, who has met the licensing requirements of this chapter and who may appraise noncomplex 1 to 4 residential units having a transaction value less than $1,000,000 and complex 1 to 4 residential units having a transaction value of $250,000 or less, and who holds a current, valid license issued under this chapter. See Delaware Code Title 24 Sec. 4002
  • Local share: means the sum of money specified in any school construction bond authorization act to render permissible the use of the state share for school construction within the particular school district. See Delaware Code Title 28 Sec. 106A
  • Minor capital improvement: means minor capital improvement as that term is defined in § 7528 of this title. See Delaware Code Title 28 Sec. 106A
  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mixed martial arts: shall mean combative discipline in which a combination of controls, takedowns, submissions and striking techniques are employed by trained practitioners. See Delaware Code Title 28 Sec. 102
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Notes: means notes issued by the State in anticipation of the issuance of bonds authorized by an authorization act and to the payment of which the State has pledged its full faith and credit. See Delaware Code Title 26 Sec. 901
  • Notes: means anticipation notes issued by the State in anticipation of the issuance of bonds. See Delaware Code Title 28 Sec. 106A
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 4002
  • Person: means 1 or more individuals, partnerships, associations, organizations, corporations, cooperatives, representatives, trustees, receivers or agents whether or not associated in any way with the State. See Delaware Code Title 26 Sec. 805
  • Person with a disability: means a person who permanently or temporarily has a physical, mental or communicative condition or characteristic, and who, because of the condition or characteristic, is restricted in using facilities. See Delaware Code Title 26 Sec. 805
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional: shall mean a person who engages in a match or contest where a purse of cash or other article of value is awarded for that person's participation or victory which is greater than the maximum amount permitted by the Division to be awarded to an amateur, as defined in the Division's rule and regulations. See Delaware Code Title 28 Sec. 102
  • Promoter: shall mean any person, regardless of job title, who arranges, advertises, produces, stages or conducts a combative sports or combative sports entertainment event. See Delaware Code Title 28 Sec. 102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public utility: includes every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate for public use within this State, (however, electric cooperatives shall not be permitted directly or through an affiliate to engage in the production, sale or distribution of propane gas or heating oil), any natural gas, electric (excluding electric suppliers as defined in § 1001 of this title), electric transmission by other than a public utility over which the Commission has no supervisory or regulatory jurisdiction pursuant to § 202(a) or (g) of this title, water, wastewater (which shall include sanitary sewer charge), telecommunications (excluding telephone services provided by cellular technology or by domestic public land mobile radio service) service, system, plant or equipment. See Delaware Code Title 26 Sec. 102
  • Quorum: The number of legislators that must be present to do business.
  • Real estate appraiser: means any person who advises, consults, or prepares analyses with respect to real estate values, uses, sales, developments or disposition, including acquisitions by eminent domain, or renders opinions relevant to the marketability of real estate, as a whole or partial vocation. See Delaware Code Title 24 Sec. 4002
  • Real property: shall mean 1 or more defined interests, benefits, and rights inherent in the ownership of real estate. See Delaware Code Title 24 Sec. 4002
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenue notes: means notes issued by the State in anticipation of the receipt by the State of taxes and revenues payable to the State and the payment of which the State has pledged its full faith and credit. See Delaware Code Title 26 Sec. 901
  • School construction: includes , but is not limited to, the acquisition, construction, reconstruction, alteration, remodeling or enlargement of school buildings, the acquisition or installation of apparatus or equipment or educational supplies suitable for the use of such buildings, the acquisition of machinery necessary for the maintenance of such buildings or school grounds, the acquisition of land required as sites for such buildings, or for playgrounds, including land or rights in land needed to provide access to sites and to provide suitable playgrounds, and the grading or other improvements of such sites, land or rights in land, including the construction of sidewalks where authorized by law, the construction of any sewers or water mains needed to connect such buildings to any publicly owned sewer system or water system, the acquisition of temporary buildings or facilities for school purposes to be used until such time as permanent school buildings or facilities shall become available. See Delaware Code Title 28 Sec. 106A
  • School construction bond authorization act: means an authorization act of the General Assembly concurred in by 3/4 of all the members of each House, authorizing, among other things, the issuance of bonds and the appropriation of the proceeds thereof to finance school construction. See Delaware Code Title 28 Sec. 106A
  • School district: means a reorganized school district, or any newly created school unit or area for which no board has been appointed or elected at the time of the effective date of any school construction bond authorization act or any area which the State Board of Education shall determine to be the area served by any school facility which is referred to in any school construction bond authorization act and for which there is specified no local share. See Delaware Code Title 28 Sec. 106A
  • Secretary: means the Secretary of State or designee. See Delaware Code Title 28 Sec. 102
  • Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 4002
  • State share: means that maximum sum of money which may be paid from state sources for school construction in a particular school district as provided in any school construction bond authorization act. See Delaware Code Title 28 Sec. 106A
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantially related: shall mean the nature of the criminal conduct for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of real estate appraisal. See Delaware Code Title 24 Sec. 4002
  • system: shall mean a facility within this State which is constructed in whole or in part in, on, under or over any highway, road, street, alley, or other public place and which is operated to perform the service of receiving and amplifying the signals of 1 or more radio and/or television broadcasting stations and distributing such signals by cable, wire or other means to members of the public who subscribe to such service; provided that nothing herein is intended to prohibit any system from engaging in any other activity not expressly prohibited by law; except that such definition shall not include (i) any system which serves fewer than 50 subscribers; or (ii) any system which serves only the residents of 1 or more apartment dwellings or mobile home or trailer parks under common ownership, control or management, and commercial establishments located on the premises of such dwellings; or (iii) telephone, telegraph or electric utilities in those cases where the activity of such utility in connection with a cable system is limited to leasing or renting to cable systems, cables, wires, poles, towers or other electronic equipment or rights to use real property as part of, or for use in connection with, the operation of a cable system. See Delaware Code Title 26 Sec. 102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Total cost: means the maximum sum or sums of money which may be spent for school construction under a particular school construction bond authorization act in a particular school district, provided that nothing contained in this chapter shall prevent any school district from increasing said total cost by providing a larger amount from local sources than that stated as that district's local share, nor prevent the acceptance and use of any funds appropriated by the Congress of the United States for these purposes. See Delaware Code Title 28 Sec. 106A
  • Trainee: shall mean a person who has completed classroom hours of education on real estate matters satisfactory to the Council, as indicated in the rules and regulations, including classroom hours on the topic of Uniform Standards of Professional Appraisal Practice. See Delaware Code Title 24 Sec. 4002
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Uncertificated obligation: means a registered bond, note or revenue note which is not represented by an instrument. See Delaware Code Title 26 Sec. 901
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307