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You Can Contest an Appraisal - And WIN, Part 1

By
Real Estate Agent with Henderson, Thornton, Broomfield and Westminster 100026886

You Can Contest an Appraisal - And WIN  
The first of 2 parts

 

By now, you've heard it just about everywhere.  The market has rebounded!  Values are UP!  We are in full recovery mode!  Even the national news has jumped on the bandwagon and they're trumpeting the good news from the mountaintops of Rockefeller Center!!

What a refreshing change.  Home sellers are putting signs in front of the house and many are getting offers within days, if not hours.  Heck, some are even seeing multiple offers within a day or two.  This should mean that home values are going to continue to go UP, right?

Maybe.  Don't forget that in all of the buyer and seller frenzy, most buyers will need a loan to purchase a home.  And when a bank is involved, you still need to have a little, tiny thing called an appraisal.  That's the document that tells the lender/bank that this property is actually worth what the buyer is willing to pay for it.

Once upon a time, I was told by a professional appraiser that the best "comp" is a signed contract.  (For those uninitiated with the terminology, a "comp" is a comparable property used as a comparison to the property being purchased.)  This ties right in with the notion that a property is worth what someone will pay for it.  

Seems simple.

Until.  Until you get a bank involved.  These days, many of those money stores are extremely gun shy.  There's a lot of blame to go around when it comes to the banks having written loans that were ridiculously overvalued in the past - but that's not what this post is about.  The banks are now being extremely careful about what their underwriters will fund, and the appraisers are at times being given very strict instructions about how to value a property.

Recently, I had a seller whose property was a bit unusual for its neighborhood.  It wasn't a completely different animal, mind you, but it was one of the largest homes in the area and had a bonus space - an apartment above the garage.

A very willing and able buyer presented an offer that was just what the sellers were looking for.  Hooray!  

And then came the appraisal.

Bile rose in the back of my throat as I opened the attachment and viewed the value.  It was $10,000 under the agreed upon price (which in this case represented a great chunk).  Neither buyers nor sellers were ecstatic about this.  Yes, the buyers would be getting a "bargain" if the sellers would come down.  If.  The sellers were not about to come down.  The buyers would have lost the house.

The lender was mighty cavalier about it.  "Just have the seller drop their price and we can close next week."  Hold it, buster.  No.  Absolutely not. (I, obviously, represented the seller in this case) 

And that's the point.  You do not have to just roll over and accept it because the jackass mortgage broker says so! (Can you tell I was a little irked?) I put on my Seller's Agent Cape (once again) and sprang into action.

I was picking a fight that I don't think gets picked often.  I first consulted with a couple of the mortgage guys that I prefer to use.  How can we contest this?  Does it ever actually work?  Have you seen an appraiser change their value??

I was told that rarely does an appraiser change their report.  I was told that maybe 1 out of several 100 gets adjusted.  I was told I was fighting an uphill battle.

I said, "bring it on."

Next: How I Contested the Appraisal, and What Happened Next

Comments(33)

Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

Jennifer, an appraiser recently called me to schedule an appointment for one of my listings. He was an out-of-area appraiser and wasn't really familiar what is happening with our market right now. I could tell by the conversation on the phone that my seller might be in trouble. I attended the appraisal with comps in hand. I explained why the value was there. He actually appreciated the fact that I took the time to speak with him. The appraisal came in for purchase price and all was good. I have always made it a policy to attend appraisals with comps. I have never had a seller who didn't appraise. Did my presence help? I don't know but it sure didn't hurt.

Jul 03, 2013 04:31 AM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

I am anxious to see how this plays out. I have done a couple in the past.. some work, and some don't. It is certainly not any fun. 

Jul 03, 2013 04:53 AM
Eric Nelson, III
Silicon Valley Capital Funding - Campbell, CA
Eric O. Nelson, III

Jennifer,

 

As one of those mortgage brokers, I have to say that the process is now simpler to debate value.

 

Keep in mind, the appraisal process is COMPLETELY controlled by the lender and appraisal management company. Broker contact with the appraiser is strictly forbidden, and any attempt to influence value is a major no - no.

 

How I handle these instances are -

 

1) contact the AMC (appraisal management company that ordered and controlled the appraisal) and ask about their rebuttal process

2) Ask my trusty realtor for MLS listings that are active, recently sold, and pending.

3) Complete the form using commentary from any comps we can produce that show higher value. Pending sales are particularly effective for this if they close near our closing date

4) Complete the form for the AMC, and include ANY and all commentary that is relevant, (updates or upgrades, location, condition of prop, etc.).

 

I am doing this far less often now since values are returning very robustly in CA, but when selling over asking this is still an occasional issue.

I include my realtor in every aspect of the above items so the seller is well cared for, as I already share all of this with my buyer.

Best of luck moving forward, and not all mortgage brokers are the same!

 

Eric

Jul 03, 2013 05:04 AM
Jennifer Prestwich
Henderson, Thornton, Broomfield and Westminster - Henderson, CO
Madison & Co Properties

Tanya-  I am keeping them crossed!!

Tammie- Right on!  Around here, it isn't standard to attend the appraisal and bring comps, but I have learned that there are some circumstances where I should do just that.

Janis- Fun?  Nope, it sure isn't!

Jul 03, 2013 05:09 AM
Jennifer Prestwich
Henderson, Thornton, Broomfield and Westminster - Henderson, CO
Madison & Co Properties

Eric- You should do a blog post with what you have put into the comments.  That is very useful information!  And I know that not all mortgage folks are the same.  I certainly do appreciate the good ones!!

Jul 03, 2013 05:11 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Having been in this exact situation... I admire your moxie (that's right... I said moxie!).  It's an uphill battle, but it can be done.  You don't want to order a new appraisal... (as they'd just "average the two)... you want to request a "modified" appraisal based on new information (which of course you'll have to supply).

They respond to new closings, as well as pendings that will close prior to your closing.  They're also very interested in any FSBOs that are good comps that have sold... if you can supply the price, and home specs and conditions.

It can be done, but it's not a slam-dunk.

Jul 03, 2013 05:20 AM
Susan Jacobsen
The Alliance Group Realty - Hilton Head Island, SC
20 Years Providing WOW Real Estate Service

Jennifer -we JUST had this happen with an upper tier property - not just $10,000 difference but $65,000! Fortunately, the villa right upstairs is just getting ready to close, same view, same floor plan, just on the highest floor oceanfront - since it will close before ours, the appraiser has agreed to use that appraisal against ours (only allowing $25,000 for the difference in floors :-/ ) but still something so when it closes we'll have that. But it took many calls to the lender to even listen to this - and the seller was not happy. The buyers have had to extend their financing contingency but fortunately my sellers have agreed. Nerve wracking!

Jul 03, 2013 05:22 AM
Marc McMaster
RE/MAX Centre Realty - State College, PA
Putting my clients before myself

Sometimes it works, I had one where the appraiser made some obvious mistakes in comps and about the subject.  I presented the case and she made the corrections to the value.  On another, both myself and the listing agent presented lots of comps and the appraiser wouldn't budge.  No Luck!

Jul 03, 2013 06:12 AM
Norma Toering Broker for Palos Verdes and Beach Cities
Charlemagne International Properties - Rancho Palos Verdes, CA
Palos Verdes Luxury Homes in L.A.

I submitted a 27 page rebuttal to an appraisal and won.  I told my client we may lose this buyer but I will not allow you lose 100K.  It is a lot of work but my client can't stop talking about my tenacity--and that's good for business.

Jul 03, 2013 07:53 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

It is very difficult to challenge an appraisal in New Hampshire.  The head of the appraisal association also emphasized that the lenders are not really open to any challenge and often are putting pressure on the appraiser NOT to show any appreciation.

Jul 03, 2013 01:07 PM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Just went thru it with an appraisal. It was just a bad appraisal. Worked the deal out but the appraiser didn't budge.

Jul 03, 2013 01:08 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Jennifer, your title suggest that 'you can WIN' so as much as I await for part 2, you have revealed the secret (or should I say, cat is out of the bag?)

Yes, I had to do it once - way back when it was perhaps 1 out of 1000 cases, appraisals were contested - forget about winning! And yes, I did win!

Jul 03, 2013 02:03 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Twice in my career...one this past Monday. We went to settlement with the contract price. Both times I was working for the seller.

Jul 03, 2013 02:37 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M
Jennifer - I've had to contest a few appraisals over the years. Sometimes we win, and it's definitely worth trying.
Jul 03, 2013 04:44 PM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

Yes there are times when contesting appraisals work, however I've found it is only a very small percentage.

Jul 03, 2013 08:06 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I recently posted just on this subject as well, having sold at least six homes in the past six months at the highest values those neighborhoods had seen in years... and all did appraise in the end. You just can't roll over and play dead, especially when representing a seller.

Jul 03, 2013 11:05 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

 

 

 

 

Happy 4th of July to all our ActiveRain friends.

 

 

 

 

Jul 04, 2013 12:20 AM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

As with so many others, I am anxiously awaiting part 2 !

Jul 04, 2013 02:16 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

Great Post Jennifer! On my way to part 2.

Jul 07, 2013 06:35 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Jennifer, you put on your Super Agent cape and go, girl!! I love your spirit and must say that I have done the same a few times and won one time. The other times the appraisers were j*&%s and pretended to cooperate but ignored our comps. On to part 2 :)

Jul 08, 2013 09:46 AM