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Property Appraisal Questions

A property appraisal is a professional survey of a property by an appraiser to understand the market value of the property. Appraisers who undertake the survey are professionals who are licensed by the state and maintain strict ethical standards. Very often, a property appraisal is carried out for a bank when a property is being approved for a loan.

Listed below are a few questions answered by lawyers on property appraisal related questions.

Is there an online service where real estate appraisers share their property appraisal reports with each other?

Real estate appraisers are meant to keep their reports confidential. They are only allowed to share them with the clients who commissioned the appraisal in the first place. However, details of property sales that take place are recorded at the town clerk's office and are available for anyone to view since they are considered to be public records.

What is an FHA property appraisal?

An FHA appraisal is part of a process undertaken to qualify for a FHA mortgage loan. The appraiser has to check a long list of requirements concerned with the safety and soundness of the property being appraised. These requirements change every year.

I live in California and the single family home I stay in is being appraised by my landlord. Am I required to allow the appraiser to take pictures of every room in the house?

The CA landlord tenant laws state that the landlord and his agent need to give the tenant reasonable advance notice in writing before entering the property and they can do so only during normal business hours. This would generally mean 8 a.m. to 5 p.m. on weekdays. The notice would need to state the date and the approximate time, along with the purpose of entry.

With regard to taking pictures, part of the appraisal process includes taking pictures so the photos can be used if and when the property is listed. This step wouldn’t be considered a breach of the tenant’s use and quiet enjoyment since it is being undertaken legally.

My property which is zoned as a C2 property got a residential appraisal at $185,000. I want to sell it as a commercial property for $250,000. Does my property need to be zoned as a C1 property for this to happen?

Unfortunately, to sell a property as commercial property, it has to be zoned as such. If you do plan to sell a residential zoned property as a commercial property, the buyer could not only rescind the offer but also decide to sue you for damages later.

I recently received a property appraisal that is 20-30% lower than expected. It seems inaccurate and invalid as it is not based on available data like upgrades, remodelling, rental income, and so on. What can I do?

What you could do is to get a new appraisal done by another expert. If the new appraisal turns out to be much more than the previous one, you can demand your money back for the first one.

There are usually 3 ways to appraise a property:
  1. 1. Fair Market Value
  2. 2. Cost to Rebuild
  3. 3. Fair Rental Value

What the appraiser does is take all three into account while appraising the property and then decides which of the three ways reflects the property best, based on the analysis.

Also, remember that appraisals are based on "opinions" and can easily vary by 10% or more based on the current economic climate.

Appraisals that are lower than a seller’s asking price can jeopardize the loan and very often the sale of the property too. Before you dispute an appraisal, you should examine all the facts that went into appraising it. This could include factors like property sales in your neighborhood for the last six months, any differences like renovations and improvements that would make your property more valuable, and so on. If you have a strong case for a second appraisal, your lender could allow for it.
 
 
 

Recent Appraisal Questions

 
 
 
  • Question- If the contact does not have an appraisal clause,

    Question- If the contact does not have an appraisal clause, but instead has a clause that the buyer must have receive financing for the house by the bank in order to buy the house. AKA what is the likeyhood that the bank will finance a house for more than the appraised value?
  • I have a buying contract on a house for 206,000. I just got

    I have a buying contract on a house for 206,000. I just got the house appraised at 202,500. I was wondering if I can back out of this agreement because the house is not worth that amount, and if I can back out, what will happen to the $2,000 earnest money I have already put down?
  • This is a regarding a purchase agreement of a home in California

    This is a regarding a purchase agreement of a home in California and I am the buyer.

    Have signed appraisal contingency but not the loan contingency. Already received a notice to perform.

    Here is the wording for the loan contingency:

    LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. Buyer's contractual obligations to obtain and provide deposit, balance of down payment and closing costs are not contingencies of this Agreement.

    Section 3c has been left blank except for the loan amount.

    I personally have the funds to fulfill the down payment and closing costs. However, in order to qualify for a interest-only loan, which I am interested in, I must have reserves BEYOND the down payment and closing costs. I have received a gift in order to satisfy this reserve. If the donor backs out and I am declined the loan for this reason (not meeting the reserve requirements to qualify for the loan I want) and forced to cancel the purchase, am I entitled to get my full deposit back?
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