---
kind: "section"
citation: "15 U.S.C. § 1639e"
title: "15"
title_heading: "Commerce and Trade"
number: "1639e"
heading: "Appraisal independence requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/1639e"
units:
  - "Chapter 41 — Consumer Credit Protection"
  - "Subchapter I — Consumer Credit Cost Disclosure"
  - "Part B — Credit Transactions"
---

# §1639e. Appraisal independence requirements

- (a) **In general—** It shall be unlawful, in extending [credit](/usc/15/1602.md?p=f) or in providing any services for a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by the principal [dwelling](/usc/15/1602.md?p=w) of the [consumer](/usc/15/1681a.md?p=c), to engage in any act or practice that violates appraisal independence as described in or pursuant to regulations prescribed under this section.
- (b) **Appraisal independence—** For purposes of [subsection (a)](#a), acts or practices that violate appraisal independence shall include—
  - (1) any appraisal of a property offered as [security](/usc/15/1667.md?p=5) for repayment of the [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction that is conducted in connection with such transaction in which a [person](/usc/15/1602.md?p=e) with an interest in the underlying transaction compensates, coerces, extorts, colludes, instructs, induces, bribes, or intimidates a [person](/usc/15/1602.md?p=e), appraisal management company, firm, or other entity conducting or involved in an appraisal, or attempts, to compensate, coerce, extort, collude, instruct, induce, bribe, or intimidate such a [person](/usc/15/1602.md?p=e), for the purpose of causing the appraised value assigned, under the appraisal, to the property to be based on any factor other than the independent judgment of the appraiser;
  - (2) mischaracterizing, or suborning any mischaracterization of, the appraised value of the property securing the extension of the [credit](/usc/15/1602.md?p=f);
  - (3) seeking to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the transaction; and
  - (4) withholding or threatening to withhold timely payment for an appraisal report or for appraisal services rendered when the appraisal report or services are provided for in accordance with the contract between the parties.
- (c) **Exceptions—** The requirements of [subsection (b)](#b) shall not be construed as prohibiting a mortgage lender, mortgage broker, mortgage banker, real estate broker, appraisal management company, employee of an appraisal management company, [consumer](/usc/15/1681a.md?p=c), or any other [person](/usc/15/1602.md?p=e) with an interest in a real estate transaction from asking an appraiser to undertake 1 or more of the following:
  - (1) Consider additional, appropriate property information, including the consideration of additional comparable properties to make or support an appraisal.
  - (2) Provide further detail, substantiation, or explanation for the appraiser’s value conclusion.
  - (3) Correct errors in the appraisal report.
- (d) **Prohibitions on conflicts of interest—** No certified or licensed appraiser conducting, and no appraisal management company procuring or facilitating, an appraisal in connection with a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by the principal [dwelling](/usc/15/1602.md?p=w) of a [consumer](/usc/15/1681a.md?p=c) may have a direct or indirect interest, financial or otherwise, in the property or transaction involving the appraisal.
- (e) **Mandatory reporting—** Any mortgage lender, mortgage broker, mortgage banker, real estate broker, appraisal management company, employee of an appraisal management company, or any other [person](/usc/15/1602.md?p=e) involved in a real estate transaction involving an appraisal in connection with a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by the principal [dwelling](/usc/15/1602.md?p=w) of a [consumer](/usc/15/1681a.md?p=c) who has a reasonable basis to believe an appraiser is failing to comply with the Uniform Standards of Professional Appraisal Practice, is violating applicable laws, or is otherwise engaging in unethical or unprofessional conduct, shall refer the matter to the applicable [State](/usc/15/1602.md?p=s) appraiser certifying and licensing agency.
- (f) **No extension of credit—** In connection with a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by a [consumer](/usc/15/1681a.md?p=c)’s principal [dwelling](/usc/15/1602.md?p=w), a [creditor](/usc/15/1602.md?p=g) who knows, at or before loan consummation, of a violation of the appraisal independence standards established in subsections[^1] (b) or (d) shall not extend [credit](/usc/15/1602.md?p=f) based on such appraisal unless the [creditor](/usc/15/1602.md?p=g) documents that the [creditor](/usc/15/1602.md?p=g) has acted with reasonable diligence to determine that the appraisal does not materially misstate or misrepresent the value of such [dwelling](/usc/15/1602.md?p=w).
- (g) **Rules and interpretive guidelines—**
  - (1) **In general—** Except as provided under [paragraph (2)](#g-2), the [Board](/usc/15/1602.md?p=c), the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National [Credit](/usc/15/1602.md?p=f) Union [Administration](/usc/15/636e.md?p=1) [Board](/usc/15/1602.md?p=c), the Federal Housing Finance Agency, and the [Bureau](/usc/15/1602.md?p=b) may jointly issue rules, interpretive guidelines, and general statements of policy with respect to acts or practices that violate appraisal independence in the provision of mortgage lending services for a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by the principal [dwelling](/usc/15/1602.md?p=w) of the [consumer](/usc/15/1681a.md?p=c) and mortgage brokerage services for such a transaction, within the meaning of subsections [(a)](#a), [(b)](#b), [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f), [(h)](#h), and [(i)](#i).
  - (2) **Interim final regulations—** The [Board](/usc/15/1602.md?p=c) shall, for purposes of this section, prescribe interim final regulations no later than 90 days after July 21, 2010, defining with specificity acts or practices that violate appraisal independence in the provision of mortgage lending services for a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by the principal [dwelling](/usc/15/1602.md?p=w) of the [consumer](/usc/15/1681a.md?p=c) or mortgage brokerage services for such a transaction and defining any terms in this section or such regulations. Rules prescribed by the [Board](/usc/15/1602.md?p=c) under this paragraph shall be deemed to be rules prescribed by the agencies jointly under [paragraph (1)](#g-1).
- (h) **Appraisal report portability—** Consistent with the requirements of this section, the [Board](/usc/15/1602.md?p=c), the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National [Credit](/usc/15/1602.md?p=f) Union [Administration](/usc/15/636e.md?p=1) [Board](/usc/15/1602.md?p=c), the Federal Housing Finance Agency, and the [Bureau](/usc/15/1602.md?p=b) may jointly issue regulations that address the issue of appraisal report portability, including regulations that ensure the portability of the appraisal report between lenders for a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction secured by a 1-4 unit single family residence that is the principal [dwelling](/usc/15/1602.md?p=w) of the [consumer](/usc/15/1681a.md?p=c), or mortgage brokerage services for such a transaction.
- (i) **Customary and reasonable fee—**
  - (1) **In general—** Lenders and their agents shall compensate fee appraisers at a rate that is customary and reasonable for appraisal services performed in the market area of the property being appraised. Evidence for such fees may be established by objective third-party information, such as government agency fee schedules, academic studies, and independent private sector surveys. Fee studies shall exclude assignments ordered by known appraisal management companies.
  - (2) **Fee appraiser definition—**
    - (A) **In general—** For purposes of this section, the term “fee appraiser” means a [person](/usc/15/1602.md?p=e) who is not an employee of the mortgage loan originator or appraisal management company engaging the appraiser and is—
      - (i) a [State](/usc/15/1602.md?p=s) licensed or certified appraiser who receives a fee for performing an appraisal and certifies that the appraisal has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice; or
      - (ii) a company not subject to the requirements of [section 3353 of title 12](/usc/12/3353.md) that utilizes the services of [State](/usc/15/1602.md?p=s) licensed or certified appraisers and receives a fee for performing appraisals in accordance with the Uniform Standards of Professional Appraisal Practice.
    - (B) **Rule of construction related to appraisal donations—** If a fee appraiser voluntarily donates appraisal services to an [organization](/usc/15/1602.md?p=d) eligible to receive tax-deductible charitable contributions, such voluntary donation shall be considered customary and reasonable for the purposes of [paragraph (1)](#i-1).
  - (3) **Exception for complex assignments—** In the case of an appraisal involving a complex assignment, the customary and reasonable fee may reflect the increased time, difficulty, and scope of the work required for such an appraisal and include an amount over and above the customary and reasonable fee for non-complex assignments.
- (j) **Sunset—** Effective on the date the interim final regulations are promulgated pursuant to [subsection (g)](#g), the Home Valuation Code of Conduct announced by the Federal Housing Finance Agency on December 23, 2008, shall have no force or effect.
- (k) **Penalties—**
  - (1) **First violation—** In addition to the enforcement provisions referred to in [section 1640 of this title](/usc/15/1640.md), each [person](/usc/15/1602.md?p=e) who violates this section shall forfeit and pay a civil penalty of not more than $10,000 for each day any such violation continues.
  - (2) **Subsequent violations—** In the case of any [person](/usc/15/1602.md?p=e) on whom a civil penalty has been imposed under [paragraph (1)](#k-1), [paragraph (1)](#k-1) shall be applied by substituting “$20,000” for “$10,000” with respect to all subsequent violations.
  - (3) **Assessment—** The agency referred to in subsection (a) or (c) of [section 1607 of this title](/usc/15/1607.md) with respect to any [person](/usc/15/1602.md?p=e) described in [paragraph (1)](#k-1) shall assess any penalty under this subsection to which such [person](/usc/15/1602.md?p=e) is subject.

## Footnotes

[^1]: So in original. Probably should be “subsection”.

## Source credit

(Pub. L. 90–321, title I, § 129E, as added Pub. L. 111–203, title XIV, § 1472(a), July 21, 2010, 124 Stat. 2187; amended Pub. L. 115–174, title I, § 102, May 24, 2018, 132 Stat. 1299.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (i)(2). Pub. L. 115–174 designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, and added subpar. (B).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date on which final regulations implementing such section take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 1601 of this title.