Gary Frimann, CRS, GRI,  REALTOR and Broker (Eagle Ridge Realty / Signature Homes & Estates)

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Rainmaker
3,830,170
Richard Weeks
Dallas, TX
REALTOR®, Broker

The appraisal is an opinion it is not a material fact.

May 09, 2018 09:35 AM
Rainmaker
3,852,642
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I don't believe so. Different appraisers can come up with different values for the same home. It's an opinion of one person as to value and not a material fact about the home. Besides, if it was a bad appraisal and the next buyer's appraiser values it at a higher price... what say you then? And keep in mind it's not the seller's appraisal value... it's the buyer's.

May 09, 2018 09:35 AM
Rainmaker
861,990
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Was it an FHA or VA appraisal?

May 09, 2018 10:09 AM
Rainmaker
5,570,348
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

NO.... you represent the seller....

appraising is not an exact science....  the listing agent could have challenged the appraisal....could have asked for another appraiser.... 

May 09, 2018 09:59 AM
Rainmaker
3,971,535
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

An opinion is a opinion, not a material fact! So No!

May 09, 2018 09:53 AM
Rainmaker
1,372,828
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

If it is an FHA here it stands for 60 days.

Conventional could change as it is an opinion.

May 09, 2018 09:45 AM
Ambassador
2,538,843
Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      If you get an offer for FHA, VA, or USDA Rural, and one of those appraisals has been done, probably "Yes".

       Otherwise, no.  An appraisal is just an opinion of value at a specific point in time.

May 09, 2018 10:27 AM
Rainmaker
5,308,773
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Gary,

I agree with Nina Hollander and Michael Jacobs 

May 09, 2018 09:56 AM
Rainmaker
1,087,341
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

If the said appraisal was for a government insured loan then disclosure makes sense since it will remain with the property for six months or so. On a conventional loan you're free to go is my understanding, although, individual lenders may have other guidelines regarding same.

May 09, 2018 09:49 AM
Rainer
91,832
Jon K. Judd
Keller Williams Realty - Central Delaware - Dover, DE
GRI, e-PRO, SFR, Delaware Homes

I think that knowing the property didn't appraise, I'd have to have a good conversation with my seller...  Could it appraise with a different appraisor... possibly.  Could you have a buyer for the home that really want's it and will make up the difference with cash...possibly.  Is it more likely that your seller will need to rethink the asking price of the home... most likely. I don't think it would have to be disclosed as a material fact.  It is one person's opinion of value, which is subject to be different when the same property is appraised by another individual.... the same as when we do a CMA... 3 agents can come up with 3 values.

 

May 09, 2018 09:48 AM
Rainmaker
1,690,478
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

I say yes & no. I had that happen last year & said FHA appraisal completed with no mention of the price. CONV buyer could not use it.

May 09, 2018 09:36 AM
Rainmaker
3,917,955
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

I certainly would want a copy of that appraisal report so I could discuss with my client.  I don't think that appraisal is as much a concern for a "new" buyer as it is potentially for the seller. 

May 09, 2018 09:36 AM
Ambassador
5,163,781
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Not a fact, just a snapshot of one appraisers opinion.

May 09, 2018 09:35 PM
Rainmaker
3,985,765
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

No!   The listing agent is not privvy to the appraisal it belongs to who paid for it...the buyer

May 09, 2018 08:34 PM
Ambassador
3,986,518
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

No. I had a property that just closed on the second contract. The first buyer's appraisal was short and seller agreed to lower it. The buyer defaulted at the last minute. The property went back on the market. Second buyer agreed to pay over list which was $4000 over first buyer's appraisal. Second buyer's appraisal came in on the money. It is a moving target, very subjective.

May 09, 2018 06:45 PM
Ambassador
2,990,725
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

We have beat this to death.  I'm not talking!

May 09, 2018 05:50 PM
Rainmaker
602,939
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Yes, no...

No, yes...

Since when do listing agents really disclose anything?  The most common answer is "I don't know"...

Subjective?  Yeah, just like:

"I can't tell that the roof is shot"

"What stains on the ceiling?"

"I am not an inspector, so I don't know why all that water spewing out of the spigot all over you is coming from..."

Much of home inspections are also just an opinion...and yet that is a material fact that should be disclosed.

Definition: A material fact in real estate is well-defined as a fact that, if known, might have caused a buyer or seller of real estate to make a different decision with regards to remaining in a contract or to the price paid or received.

Eve

May 09, 2018 02:08 PM
Ambassador
4,040,952
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Not in NC or SC, unless it was an FHA or VA appraisal, which will be visible to future appraisers.

May 09, 2018 01:13 PM
Rainmaker
516,908
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

I think the answer to your question can vary state to state based on the specific real estate laws there. In Oregon, this does not pertain as the appraisal belongs to the buyer, not the seller. If asked, our agent can say there was a financing issue - and if asked specifically about any appraisal problems, they need to be honest and say that yes, the house did not pass the appraisal - but only if asked.

May 09, 2018 10:12 AM
Rainmaker
2,007,644
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

No , an apprasial is an estimate or opinion of value . Three different appraisers could arrive at 3 different opinions of Value !!!

May 13, 2018 09:13 AM
Rainer
146,558
Susan Hale
Re/Max Realty of Defiance,Inc. - Defiance, OH
Re/Max Northwest Ohio Realtor

No. An appraisal is that appraisers valuation of a property on that specific day.  If you are representing the Seller most often you won't be privy to the actual appraisal amount as the Buyer paid for it and if they chose not to disclose the value amount they don't have to.  The bank would just provide the Seller's Realtor a letter that the Buyer's loan has not been approved due to unacceptable appraised value.

I have seen a mortgage officer recommend a 2nd appraisal which appraised at sale price so there wasn't a problem.  You could take a chance of paying expense for 2 appraisals and neither work but I've not been involved in that situation.  Sometimes the appraiser will be coming from another town out of our area. We've seen appraisers periodically from Toledo or Findlay especially if they are VA appraisers as not every appraiser has VA appraiser qualifications.  There was a very old VA appraiser prob mid 80's who came from Findlay (his young wife drove him).  Don't remember the outcome just the oddity situation:-).  Appraisers need to know each area's market which affects values too.

Depending if an appraiser is open minded or accepting of comps you could leave comparable flyers of recent sales on the kitchen countertop the day the appraiser is scheduled.  Chances are the appraiser will look at your paperwork.  

May 10, 2018 06:34 AM
Rainmaker
4,433,483
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Depends 

 

May 10, 2018 06:22 AM
Rainmaker
3,069,584
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Kenneth J. "Ken" Jones, Associate Broker nailed this one!

May 10, 2018 06:14 AM
Rainmaker
4,799,256
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't think so.

May 10, 2018 05:29 AM
Rainmaker
745,994
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

No however, if it's an FHA appraisal you're stuck.  Fight the fight... as many have said, "it's an opinion".  Make sure the appraiser knows if it was a multiple offer situation too.  I've recently "fought" a low appraisal and WON. :)

May 10, 2018 04:37 AM
Rainmaker
1,508,951
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

No.

May 09, 2018 10:59 PM
Ambassador
4,312,167
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Gary Frimann - the value in the eyes of one appraiser for the property is NOT a material fact.

May 09, 2018 10:16 PM
Rainmaker
70,344
Ricardo Mello
Manhattan Miami Real Estate - Manhattan, NY
Manhattan & Miami Real Estate Agent

I would say no.

May 09, 2018 04:06 PM
Rainmaker
87,820
Jeff Perlis Prime Properties
Prime Properties - Lake Arrowhead, CA
Experience Your Own Transformation!

No.

May 09, 2018 03:23 PM
Rainer
300,501
Caroline Gerardo
Sun West Mortgage Corporation - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

Did seller's agent receive and read the appraisal in an arbitration of the value? There is a record of this.  Kenneth J. "Ken" Jones, Associate Broker is correct the listing agent is not an appraiser and the information is only an opinion in a point in time, but here is the pickle:

FHA VA and some conventional programs will see the numbers for new buyers making offers in the next three months. The Case number stuck on the property address will reveal the information. It would be foolish not to disclose this if the seller takes a new offer for FHA VA unless some new material facts occur as in new sales the days after the appraisal or the appraisal has some grand math error that can be demonstrated. Second deal is going to get stuck on this issue around day 10 -15 and can second deal parties blame seller and seller agent, yes they knew and hid the information. Seller doesn't sign any agreement to provide old appraisal but wont the MLS show it back on market thus raising the question? Why waste everyone's time? Don't take next offer FHA or VA or Freddie for that matter as whoever lender #1 submitted to has all the details. Buyer #2 will get a new appraisal which may or may not be higher. Second deal should best be conventional with large down payment, and a fast contingency date say 7 days. 

Seller agent should not give out appraisal to anyone, he didn't pay for it. 

May 09, 2018 12:05 PM
Rainmaker
6,308,742
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

No. However, be aware of the guidelines for FHA and VA appraisals.

May 09, 2018 11:38 AM
Rainmaker
394,345
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

No need unless it is FHA or VA, the case number sticks w/ the property for 180 days, however there is away to get another one done if you can get the lender package transferred to another mortgage Co and the underwriter calls for a new appraisal to be done because they find current one unacceptable.

May 09, 2018 11:10 AM
Rainer
126,419
PeterMark SEO
PeterMarkSEO - Holiday, FL
SEO, SEM, DEV

You can still keep the deal alive. Happened to me many times where appraisal failed and showed buyer is deciding the sales price not the appraiser. Just depends on the loan type, your market really.

May 09, 2018 11:03 AM
Rainmaker
1,596,146
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

No

Nov 24, 2018 01:22 PM
Rainmaker
526,705
Dave Halpern
Keller Williams Realty Louisville East (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

No

May 19, 2018 06:36 PM
Rainmaker
146,438
Jerry Thomas-Construction Loans
Cranbrook Loans - Farmington Hills, MI
Construction Loans in MI, OH, VA, GA and FL.

No, but if it's an FHA appraisal your suck with it.

May 13, 2018 11:52 AM
Rainmaker
3,784,655
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Interesting questions.  I would change the terms to conv. only.

 

May 13, 2018 10:40 AM
Rainmaker
4,682,034
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If it is FHA or VA, they will remain on the property for 6 months, otherwise not in CO.

May 12, 2018 05:55 PM
Rainmaker
620,369
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & Aliso Viejo

I don't ask for the appraisal and don't need to share it since it's not a material fact.

May 11, 2018 12:10 PM
Rainmaker
803,567
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

An appraisal is no more than an opinion. 

May 09, 2018 04:41 PM
Rainmaker
512,074
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

Not in my opinion. It is an "opinion of value" not a fact so if asked I might explain why we're back on the market, but I wouldn't advise my clients to update their Seller's Disclosure.  Appraisers are like everyone else, some are very good, some are not. 

May 09, 2018 03:29 PM
Rainmaker
2,604,216
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

NO as it belongs to the one who paid for it. However, if it comes up in direct buyer/agent Q & A, in that moment your inner fiduciary will guide you & not before. Be a good steward of the information

May 09, 2018 11:18 AM