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Scott RogersScott Rogers
Appraisals


Oops! The Contract Price Is Higher/Lower Than The Appraised Value!
Missing The Mark

Most sellers want to sell "above value" and most buyers wants to buy "below value."  In a balanced world, however, a seller would sell for the "actual value" of their home, and a buyer would buy for the "actual value" of the home.  That's in a balanced world --- obviously, it doesn't usually happen that way.

We get one glimpse of whether the contract price is off the mark when we learn of the appraised value through the financing process.  Here's an oddity (or is it?):
  • If the appraised value is low (lower than contract price) the lender typically won't let the loan proceed, depending on the loan program, financing terms, etc.  Thus, the buyer will typically try to re-negotiate the contract with the seller since the appraiser has concluded that the house's value is below the contract price.
  • If the appraised value is high (higher than contract price) the lender doesn't mind, the buyer definitely doesn't mind, and the seller usually doesn't know.  The appraiser was hired by the buyer's lender, so the seller doesn't have a right to know the value of the appraisal.
Here are a few interesting repercussions from some of my most recent real estate transactions....

Rent-To-Own Prospect Wants The Best Of Both Worlds
A prospective tenant/buyer (rent-to-own) wants to negotiate purchase terms for what is essentially their option to buy a year into the future.  They want to buy for the lower of the price agreed to now, and the appraised value a year from now.  Wait a minute!?!?!  It would seem reasonable (balanced between buyer and seller) to either both take a gamble on ups/downs of the market and agree to a price now OR both agree to use a value determined in the future by an independent appraiser.  The lower of the two doesn't seem very reasonable for this prospect who is already trying to negotiate by asking for a lease-to-own when it isn't the seller's intent.

Buyer Thinks Seller Should Adjust, But Won't Do The Same
This is a bit obvious from the above referenced ways that thisappraisal process works, but it does seem to be a bit odd from theperspective of trying to achieve a balanced transaction between buyerand seller.  If the appraisal comes in low, the buyer gets tore-negotiate down.  So why doesn't the seller get to re-negotiatehigher if the appraisal comes in high??

Seller Agrees On Price, Then Seeing Appraisal, Refuses Repairs
I'm exaggerating this one a bit to make a point, but in a recent transaction, the lender (for some reason???) shared the appraised value with the seller's Realtor.  The seller thus was told of the appraised value, which was more than $10,000 higher than the contract price.  Certainly, the seller felt like they left money on the table, though the day before they had been quite thankful for the buyer and the price he was paying.  As a result of knowing of the value supposedly left on the table, this seller loses much of their desire to negotiate on repairs, even making a remark about how the buyer can make repairs using the free equity inherited from the lower-than-appraisal contract price. 

And while we're on the subject of appraisals, here's another strange aspect of the appraisal world --- feel free to offer your opinions....

Wikipedia defines the "market value" as determined thorough a real estate appraisal to be:

"...the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arms-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently, and without compulsion."

So, wait a minute --- read that through again --- isn't that exactly what is evidenced in the real estate contract that is the basis for the appraisal in the first place??
5 Comments so far . . .
cook:
Off the record, Scott, just between you and me, isn't the whole appraisal industry a parasite that ought to be removed? The "formula" approach is a joke, and the precise-sounding number is helpful to no one. It seems to me that the results of a real estate appraisal should be a range - a pretty wide range - probably so wide that it would no longer serve the purposes for which an appraisal is currently required. Do you agree?
October 21, 2009 7:37 am

Scott Rogers:
cook --- Thanks for keeping this conversation private, I appreciate your discretion. :) I see the perspective you're coming from, and I definitely agree that a range is more viable than a price number, but I'm not sure that I agree that the formula approach is a joke. Tell me what you mean by that. Also --- I do think it's important for a lender to be able to evaluate their risk/exposure via an analysis of the value of their potential collateral. Your thoughts?
October 21, 2009 4:52 pm

Karl Waizecker:
Scott,

Interesting topic, and definitely a real world problem these days. I agree it may be going too far to call the appraisal process a joke, but I do think a formula or math-based appraisal doesn't really capture market value. The problem is that residential sales are extremely emotional, with many factors besides a simple square footage calculation determining the value to a potential buyer. Appraisals are decidedly unemotional, and therefore a less than ideal measure of market value, if you agree with the concept that market value is actually determined by the market (what someone is willing to pay). We saw this during the boom years, when appraisals often came in lower than what a buyer (or multiple buyers) demonstrated they were willing and able to pay, and we see it now for different reasons.

Perhaps a better solution would be for lenders to find an appraisal within a certain percentage of the contract price to be acceptable. It just doesn't make sense for anyone involved (buyer, seller, lender and Realtors) to put a deal in jeopardy because one person has determined the price agreed upon by the parties to the transaction is incorrect by a few thousand dollars.

Your thoughts?

October 22, 2009 9:18 am

Scott Rogers:
Karl --- you raise an interesting perspective!

Are home values objective or subjective?

I totally agree that appraisers and banks want them to be (and force them to be) quite objective. Yet, as you point out, buyers (who drive the market) typically look at home values quite subjectively.

Your idea of having the appraisal within a certain percentage of the contract price seems reasonable, though I don't think it would work too well (for lenders) in high LTV situations. Perhaps if buyers are financing 97% or 100%, the appraisal does really need to be at/above the contract price --- but if it is a lower LTV, the appraisal can be +/- 2% (for example) of the contract price.

A funny occurrence in the "boom times" was when a buyer would want a contingency saying that the property must appraise at or above contract price, and thus would negotiate the contract price down if the appraised value was lower than the contract price. I always thought sellers should respond by asking for the right to raise the contract price if the appraisal came in higher. :)
October 22, 2009 11:36 pm

Key Property Group:
Nice post,
I learned a lot of information from this post. Thanks for the effort you took to expand upon this topic so thoroughly.
I look forward to future posts.
May 8, 2010 3:43 pm

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