Understanding Appraisal for Contract Negotiations and Lending

What you don't understand about appraisal can hurt you in the pocketbook!!!

OK. You found the home that you want to buy. Now you need to structure the deal for your best advantage. The appraisal contingency clause in the Northern Virginia Regional Contract which is used in Arlington, Alexandria, and Northern Virginia states that

" This contract is contingent on the purchaser obtaining an appraisal certifying the value of the property to be no less that the sales price....Purchaser shall provide Notice to the seller by the Appraisal Deadline as follows: The appraisal is equal to or greater than the sales price. This contingency has been satisfied and removed.

or

The appraisal is not equal to or greater than the sales price and the purchaser elects not to proceed with consummation of this contract, unless the seller elects to lower the sales price to the appraised value. it will be the sellers option to lower the sales price to the appraised value and the parties shall proceed to settlement at the lower sales price...."

The first clause can cost you dearly if your agent is not knowledgeable about the lending process. Banks lend based on the appraised value, but they do not blindly accept the value in the appraisal. Bank underwriters actually read these reports and look at the comparable Homes chosen by the appraiser. If the underwriter does not think the data works because there are too many adjustments to the values of the Homes, they settled too long ago, or they are too far from the subject property, the underwriter can tell the appraiser to further support the value with additional properties. They can also request a second appraisal. So you do not want this contingency removed until the BANK HAS REVIEWED AND ACCEPTED THE APPRAISAL. To protect yourself the appraisal contingency should be the same length as the financing contingency. If you don't need a financing contingency, DON'T remove the appraisal contingency until the appraisal is reviewed. If the lender says you are approved, that does not mean this step is completed. Get your final mortgage commitment from the Bank and there should not be any conditions pertaining to the appraisal.

The second clause talks about a low appraisal. Before you make an offer on a property it is important to know how your price compares to the recent sold comparables. If your price is below the sold comparables you will not have a low appraisal and will not have an opportunity to shave additional dollars off the sales price based on the appraisal. In essence, the agreed upon contract price will be the price you pay at settlement for the property.

Conversely, if your contract sales price is above the sold properties you will be able to go back to the seller appraisal in hand and get an additional price reduction or you have the option to void the contract. At this point, the property is off the market and the seller is emotionally vested in the upcoming settlement. The seller may have rejected an offer here but will accept the price with the appraisal data. Understanding where you are in this value continuum can open up additional negotiating strategies for your home purchase.

Best,

Debbie Jensen

www.AtHomeWithDebbie.com

 

5 Comments on Understanding Appraisal for Contract Negotiations and Lending

Debbie, one of my loan officers did not have the appraisal done at time to remove loan contingency on an REO property.  He said that "his" appraisal was only going to appraise the property at the selling price although it was appraised on 1/10 for over $100K more than the selling price.  He said this is what appraisers do and the lenders only want to see the sale price amount.  Is this true?

02/09/2008 12:51 PM by Rosemary Brooks -Mother & Daughter (866)-750-8282 (Family Realty Group - 866-750-8282)


No that is a ridiculous statement. I would love to see the comparables on that appraisal! Appraisers are governed by guidelines from Fannie Mae and from their own industry. One is that the property being evaluated must be sandwiched between a higher comparable and two lower comparables of similar age, size, and location. If there is really a 100,000 discount in the sales price to the value, the comparables will not be anything like your subject property. When comparable properties are not similar to the subject property, too many adjustments to the value are required and the appraisal will not be accepted by underwriting.

There are many times when an appraiser will say the appraised value is equivalent to the purchase price because his evaluation is within a small margin of the purchase price. 100,000 is not a small margin!! He is just making an excuse for missing an important deadline. Get a new loan officer.

02/09/2008 05:49 PM by Debbie Jensen


Debbie, our appraisal for the home we want to buy came in well below the offer price on the house.  It has been 3 weeks and the seller has not responded to the appraisal with a lower price.  How long do we have to give him to respond?  Our realtor has been pestering them for weeks.  We don't believe he is going to come down to the appraised value which will make it easy, but in the meantime we need to be finding another house now, not waiting on him to respond.  What is our best course of action or do we have one?  Thank you.

03/25/2008 06:57 PM by


Pestering is not an effective negotiating strategy!! 3 Weeks!! Wow. Ok. Look at your copy of your ratified contract. The appraisal contingency should have a certain number of days for them to respond to your written addendum lowering the price which should be accompanied by a copy of the appraisal. Your appraisal contingency should say that if you do not reach an agreement in writing you can send them written notice voiding the contract. I would never allow a seller to tie up my buyer for such a long period of time. I always put 2 days for each party to respond. If I do not get a written response in the alotted time, I call the agent and tell him/her that if I do not have their response by 4pm the following day, I will send them written notice voiding the contract. PERIOD.

03/25/2008 10:53 PM by Debbie Jensen


I did not ask you what state you are buying in....If you are in Northern Virginia, the Virginia Jurisdictional addendum will have the terms of the appraisal contingency and they are 3 days to respond in writing. Look at your contract for the exact terms of your agreement with the seller.

03/25/2008 11:06 PM by Debbie Jensen


Leave a response…

Name:
Notify me of new comments:
Comment:
What does the graphic say?
 
Real Estate Agent: Debbie Jensen (Fairfax Realty)
Debbie Jensen
Alexandria, VA
More about me…
Fairfax Realty

Office Phone: (703) 443-9224
Cell Phone: (571) 218-9877
Email Me
I just love Real Estate! I hope this blog will help you to be better informed about home buying and selling. Subjects will include mortgage loans, the lending process, appraisal, title issues, negotiations, and contractual issues. There will also be some local information because there is nothing like living in Washington DC, Arlington, Alexandria, and Northern Virginia : )

Links

Tags (Tag Cloud)

Archives

RSS 2.0 Feed for this blog
ATOM 1.0 Feed for this blog

Find VA real estate agents and Alexandria real estate here on ActiveRain.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.
© 2007 ActiveRain Corp. All Rights Reserved