Special offer

Finally We Get Some Relief!!!!

By
Real Estate Appraiser with Yaklin Consulting, LLC.
California Outlaws Appraiser Pressure

A new California law, signed into law by Gov. Arnold Schwarzenegger, makes it a crime in California for any interested party in a real estate deal to pressure an appraiser to appraise a property for a predetermined amount. The bill, S.B. 223, is designed prevent appraisers from being pressured by mortgage brokers, homeowners or others to make a sale go through. Gov. Schwarzenegger signed S.B. 223 into law on October 5 and it became effective immediately.

 

California Sen. Michael J. Machado, Chair of the state's Senate Banking, Finance & Insurance Committee, introduced S.B. 223 in February, as part of a broad-based response to the problems pervading California's mortgage and housing markets. The bill will help prevent real estate professionals from colluding to inflate property appraisals.

 

"I have been involved in efforts to curtail predatory and abusive real estate lending practices for nearly a decade," said Machado. "During that time, I have heard numerous claims about the insidious practice of appraisal inflation. More recently, inflated appraisals have been identified as a contributing factor to the subprime mortgage meltdown California is currently experiencing. I introduced S.B. 223 to stop the practice, once and for all."

 

S.B. 223 is the first California or federal law that explicitly forbids persons involved in a real estate transaction from pressuring an appraiser to ‘hit' a target value. The bill punishes violators with license suspension or revocation and with potential civil action. "I expect S.B. 223 to act as both a deterrent and a mechanism for punishing those who violate its provisions," concluded Machado.

Chris Brown
First Federal Bank - Blue Springs, MO
WOW, that is interesting.  Not sure why there needs to be a law on the books for "pressuring" to hit a number.  It should be as easy as the appraiser telling the person they are working with what they can get and move on if it doesn't work.  I guess I don't understand "pressuring" and how it is in Cal.  I know that in the Midwest, our appraisers will give us a number and that is that.
Oct 18, 2007 04:53 AM
Keith Stoller
Keith Stoller Tax & Business Solutions - Bakersfield, CA
It's a shame that such a law became necessary.  Apparently greed has caused a need to legislate common ethics.  I can tell you that there are many people who paid the price over time and the appraisers who were pressured got put in a position during the boom where they compromised or they didn't get business.  I know a couple appraisers in town that went through some hard times while most others were rolling in dough.  No here's the question.  How is anyone going to enforce it?
Oct 18, 2007 04:54 AM
Ralph Nudi
Success Realtors brokered by eXp Realty - Kenosha, WI
"YOUR success IS our success"

This law will never work. In the end there will always be some undue influence unless the Real Estate agent or Loan officer has no part in the appraisal ordering process. Anyone can give the appraiser THEIR OWN opinion of value at any time, and even back up their opinion with comps.

"Mr. Appraiser... I cannot, nor would I try to tell you how much I need this house to appraise for... however based on other comparables I have seen, it seems it would probably be somewhere around $XXX,XXX. Here is a copy of the accepted offer to purchase and/or comparables I have found in the area!

Of course if I am wrong... please let me know!"

If the appraiser cannot professionally deal with a conversation such as that, He does not belong in the appraisal business. The word NO is always an option.

If a buyer tells me he wants only to live in a neighborhood of a certain ethnic makeup, it is MY responsibility to tell that client I cannot do that. The appraisers need to step up and be ethical even when asked NOT TO. Punish a home owner for asking for a value? I think not.

Oct 18, 2007 04:55 AM
Terry Lynch
LAR Notary and Closing Services - Saint Clair Shores, MI
I think Ralph and Keith both make valid points. There is going to be pressure on appraisers no matter what. If they continually kill deals and a lender starts hiring someone else to do their work is the State going to consider that "pressure". This is just a way for the politicians to say they've done something without doing anything.
Oct 18, 2007 05:51 AM
Chip Holmes
Eagle Home Appraisal - Las Vegas, NV
Henderson NV Real Estate Appraiser

I think it is legislature in the right direction, although I agree with Terry about the reality of pressure and enforcement.

Admitting that you have a problem is the first step.

There was a broker from California last week which had an "easy" condo purchase deal for a us. The sales office sent me closed builders comps to support their sales price. I told the broker there were two sales in the subdivision which sold for 40K less on MLS. I would use them in the report even-though they were older than the builder's sales and that the resales were very relevant (with a lengthy explanation on market exposure). One more deal down the drain, I thought, another bad appraiser is just going to make it "work". A week later they sent the order again. EVERYONE IS STARTING TO GET IT!!! We are the licensed appraisers with the public trust not the buyers, sellers, Realtors, builders, etc. 

Oct 19, 2007 05:44 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

We invite you back to ActiveRain in 2016!

     Much has changed since your last visit to ActiveRain.

      We encourage you to take a look at the "new" ActiveRain website!

Nov 26, 2016 09:03 PM