For example, suppose an appraiser, on the very same day, is asked to appraise three neighboring homes ( for this purpose, assume same size and condition). 7 Cherry Lane, 9 Cherry Lane, and 10 Cherry Lane. The appraiser goes on the same day and inspects one after the other.
You want to Cherry pick and say what terms the sale of the comps occurred under don't matter for determining market value then let's Chery pick.
Let us say 3 identical properties are found to the subject, 7 Cherry Lane, 9 Cherry Lane and 10 Cherry Lane. 7 Cherry Lane was built 1 year before the subject and sold 11 months ago, 9 Cherry Lane is about the same age of the subject and sold 6 months ago, and 10 Cherry lane is almost a year newer than the subject and sold less than 3 months ago. All three properties identical to the subject in SF, quality of construction, lot size, etc. and all three are builder sales
(yeah, really likely nowdays, but wasn't that uncommon just three years or so ago). Should the appraiser use these properties (that all sold new) as comparables? They were all marketed on MLS just like the subject but the subject was purchased originally maybe a year ago and the assignment is a refinance transaction. Do you use them without comment or do you analyze the sales & markets looking for properties that are not builder sales to try and determine what adjustments, if any, are necessary?
I remember reading about that exact "dilemma" before the market bubble burst and the wisdom then was that at least one comp should be a resale or from outside the development as otherwise the opinion of value would likely be a highball as there was generally a "new construction" bias as well as the fact that the builder sales might not fit the definition of market value (seller not typically motivated, etc.) and thus although "on the market" builder sales were not considered the same "fair" market, even if they dominated (over 50% of) the local market.
So, what is different about REOs (and to some, short sales) that suddenly they "are the market" and can be used without comment?
It is the same BS all over again, but often in the opposite direction.
You can use them, but you must explain yourself, especially if that is all you have. You can use them but you must adjust for the differences. You can use them, but they are proxies for actual comparables.
If you want to say, I don't want to use this REO or estate sale or builder sale because in my opinion it does not meet the defintion of arms length transaction, for example, that would be correct, but to say you do not want to use an REO or estate sale or builder sale because it does not represent market value, or fair market value would be contrary to the puropose of the apprasial ( which is to find market value for the subject, not to pick comps according to what the appraiser believes are market value sales, even if the sales meet the criteria of market value, that is not why they are supposed to be selected, or eliminated)
The terms can be confusing for sure though!
They are questionable at best even BEFORE you verify the sales, and the questions may remain afterwards.
Estate sale - is the seller "typically motivated" or not? Even if you verify they were how certain can you be.
Builder sale - seller typically motivated or not? Maybe they are MORE motivated to sell faster and at a lower price (especially in today's climate) because they need to get the property off their books to cut their loss and free up funds for the company to survive and thus are willing to cut deals. Heck, are builders EVER "typically motivated"? Can you verify the exact details?
REO sale - can you verify that the lender, at the time of sale, was not under extreme pressure to sell the property at any price? Are you certain the bank regulators did not have an order out to liquidate X properties off the books or the bank would be liquidated (aka, undue stimulus)? Up here at least 3 (fairly) local banks were liquidated in the last year or so by bank regulators and from the sound of it at least two of the three showed no signs of being in trouble before the order came down (third was obviously toxic) and at least one of the two never even closed its doors during the process. What do you really know about the actual motivations of the lender and what stimulus they may be under to sell? Note that motivation/stimulus is only ONE of the many questions I have with REOs.
In other words, even if REO sales were 100% of a particular market I would still say that each and every one under consideration would need to be analyzed and some comment made as to why they are the best proxies available. Furthermore some indication of what adjustment may be necessary to make them comparable to "fair" market sales would also need to be analyzed and some comment made (adjustment could be zero).
Hope that is clear enough for ya.