Special offer

Suing the Appraiser for the Shortfall In Valuation

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

Suing the Appraiser for the Shortfall in Valuation

 

We are still looking at the situation where Bill submitted an unconditional Offer in a bidding war, defaulted on the transaction and now has $170,000 in losses.

Where can he go to seek some reimbursement?

There are effectively two possibilities with the Appraiser:

1)    His own Appraiser who undertook the appraisal before the Offer,

2)    The Bank’s appraiser who did the appraisal afterwards.

These possibilities are however rather unlikely. First, it is not commonplace, in fact, it would be extremely rare to have your own appraiser complete a valuation of the property before your Offer was accepted. This is just not going to happen. If it did, and if the valuation were negligently completed, then there is the opportunity to sue.

The second circumstance is the Bank’s appraiser. The important issue here is that the appraiser was retained by the Bank, not Bill. There is no privity of contract. Essentially, that means no lawsuit.

Next, there would be no damages even in the case of a negligent appraisal by the Bank’s own appraiser. Just get somebody else and see if the second opinion is the same.

In addition, there is the earlier issue of the unconditional Offer. It could have been made conditional upon:

1)    Financing,

2)    Appraisal, or

3)    A Seller Take back mortgage for the deficiency in the valuation.

In this case, no conditions, would also suggest no lawsuit. The Buyer elected to assume the attendant risks associated with this course of action.

A full statement of the facts are set out in:

http://www.isourcerealestate.com/blog/p/bidding-wars---high-bidder-with-property-appraisal-issues

 

 

Brian Madigan LL.B., Broker

www.iSourceRealEstate.com

Coal Infantino
Coldwell Banker - York, PA
Realtor specializing in south central PA

It sounds like the agent that wrote the offer may have some liability if they wrote an offer 170k over the actual market value of the property.  After all they were hired by Bill to be his professional.  I need more information about the whole contract but, writing unconditional offers have risks, and Bill and his agentshould have known that.

Jun 28, 2016 02:27 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Brian Madigan - I still fail to understand why some buyers write 'unconditional' offers.....

Jun 28, 2016 02:49 PM
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

And why on earth would they write such an offer>???

 

Jun 28, 2016 04:59 PM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

hot Toronto market, they are in a bidding war with 20 other potential buyers.

Somebody will go in unconditional.

If you have 20, at least 15 will be unconditional in this market

Jun 28, 2016 11:43 PM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Brian Madigan In strong Sellers' Markets with limited inventories, these issues will crop up as the feeding frenzy clouds judgment.

Jun 29, 2016 12:28 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

extremely commonplace in Toronto at the moment

Jun 29, 2016 04:11 AM