More Builder Tricks! Independent Appraisals & Fiduciary Duty

Frankly, builders are in a heap of trouble with excess inventory! (Just take a glance at Brian Brady's mortgage blog for more details.)

So with this trouble comes questionable practices in order to unload properties. Get a Realtor (the price is built into the condo, you won't get a better deal without one) to represent YOUR best interest.

I already called out one Arlington Condo builder with my: Beware: New Constructions Illegally Not Disclosing Seller Subsidies. After that article came out, that builder suddenly started disclosing their $50,000 seller subsidies. 

Well I found yet another builder expanding on that trick. This time the builder will list a property and the day it closes, it will withdraw the listing! Why? Because when a place is listed for $599,900 and closes for $529,000, they don't want the public to know. Also the tax records (where I found the sale) does not allow for disclosure of the seller subsidies (the MLS does require it).

So not only are they hiding a $70,000 price drop, the seller subsidy could range from $5k to $25k. By hiding this data, the appraisals can be kept up for future closings!  Sounds to me like fraud, but that is just my opinion.

Speaking of appraisals, if you are buying a new construction and using their "preferred lender," I have heard of multiple situations where the builder is applying pressure on the lender to "get it done," which is code for "fudge the appraisal so the numbers work."

And that is code for JAILTIME. That is FRAUD.

If you suspect something fishy is going on, pay the extra $200-400 and get your own independent appraisal (without mentioning what the lender's appraiser came up with). If they come in over $15,000 different, somebody got some explaining to do (insert Ricky Ricardo voice).

After the your independent appraiser's report is complete, ask him to look at your lender's appraisal report. If he says it appears fraudulent, report it to the FBI. Yes the FBI is very interested in hearing about fraudulent lender practices.

Now one last word about lenders. I don't want you to think that they are all crook, or even that some are. But you have to understand the phrase "fiduciary duty." That is defined as "The legal responsibility for investing money or acting wisely on behalf of another." Agents have that duty with their clients... but lenders don't.

Again, lenders, albeit nice, helpful etc etc, they do NOT have a fiduciary duty to look after your best interest.  Their duty is to their employer. So know your rights, get that second appraisal and don't get bullied into a fraudulent loan.

Lenders, I hope you didn't find that offensive. Appraisers, what do you think about faulty appraisals and how do you suggest handling it? Do you ask the appraiser that is "off" if he really wants his appraisal reviewed by the state board (or who else would you recommend?)

Best of luck,

- Written by Frank Borges LL0SA- Broker FranklyRealty.com  (Now paying $1 per typo)

 
Post is included in group: Appraisers
Post is included in group: Arlington Condos

8 Comments on More Builder Tricks! Independent Appraisals & Fiduciary Duty

I would not want to be in concert with these builders schemes in a few years when they find themselves in court. Withdrawing a contract - another trick in the bag.................

08/21/2007 01:08 AM by Indianapolis Real Estate | Paula Henry (ReMax Excel)


Reason number 485 why I do not work with builders.

 

Great Post

08/21/2007 01:34 AM by Gary Miljour - Mortgage Lending for Tempe Arizona (Cherry Creek Mortgage Company)


Frank, one thing that bothers me is when a large builder offers the house for less if they use their lender.

It is so full of junk fees, that they quickly make up the difference in the price of the house. I tell my clients it is NOT a good deal.

08/21/2007 05:53 AM by Missy Caulk Ann Arbor Real Estate (Keller Williams Ann Arbor, Michigan)


I got a different price list of the options available from my client than what I got when I went into a sales office for a new construction at the time of my apointment! Very Huge differences for upgrade options.  The price list from my client showed higher prices than the one from the sales office.  When I asked about it, I was it was a misprint.  SURE! 

08/21/2007 11:01 PM by Jeremy Cowin (Jeremy Cowin Appraisals)


I love when builders would randomly jack the prices of pre-built homes in a development just because 'area prices had increased'.  That's simply not going to fly in an honest appraisal that counts on historic sales data of the subject's development. 

Friends of mine were about to purchase a home in a new development.  The construction company kept adding unreasonable pricing for the house they were interested in until they finally backed out.  The construction company simply shrugged it off and sold it to the next interested buyer. Perhaps (hopefully) that is a sign of the past with current inventory.

I like Mortgage Fraud Watchlist for news and reporting of fraudulent acts.

Great post... and welcome!

08/22/2007 01:03 AM by Sara Goodwin - Portland, Oregon Appraiser (Ashcroft & Associates)


Nice post Frank!  I like the pix & presentation!!!  We have similar issues in Florida...but it is commonly ignored until something goes wrong.  It becomes a real challenge to get to the real cash equivalent price that the buyer is actually paying...ask too many questions and the order is cancelled and moved to another appraiser.  Hmmm...maybe that's why I don't get many new home construction orders?

08/22/2007 03:32 PM by Robert Elfand, MRA, RAA (Double Tree Appraisals)


Now Frankly that is a post!  Well put Frank....I had a HUD-1 adjusted to reflect actual expenses and charges that were slipped into the wrong column....don't know how it happened was the lenders comment...and the closing agent said, "oh we do that all the time".   Not when I am involved in the closing.  I want it legal and for everyone to see.  A striped outfit was not what I wanted for Christmas.  Oh by the way I noticed a typo.......See below.

 

 

Now one last word about lenders. I don't want you to think that they are all crook,  should be crooks.  Nice post Frank! :-)

08/24/2007 05:52 PM by Gary White~ Grand Rapids Real Estate, FLexIt Realty, a call or click away! (Flexit Realty~Serving West Michigan)


Very interesting!  I will make sure to use our own lender and appraiser when selling our property.  Thanks for the heads up!

08/25/2007 08:49 PM by Janice Sutton - Temecula Murrieta Home Stager - Home Staging (1st Stage Property Transformations )


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Real Estate Brokerage: Northern Virginia Homes - FRANKLY REAL ESTATE Inc
FRANK LL0SA- Northern Virginia Broker .:. FranklyRealty.com
Arlington, VA
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