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Access to all units in 4plex

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Leigh Lindsay

Freshman Member
Joined
Jan 1, 2003
Professional Status
Licensed Appraiser
State
California
I am working with a property manager for a non-complex 4 unit assignment, but she will be in court all week (and possibly longer) and won't be able to assist me in getting into all of the units. She wants me to post a 48 hour notice of entry on all of the occupied units(3) and gain access myself via each tenant. She said this is legal according to real estate law. That seems above and beyond my sow.... is this truly legal for an appraiser to do? I've never had to deal with this before, as the prop. manager and/or owner sets up the access for me.
 
Just get into the few units you can, enough to be a "reasonable sample", and use an extordinary assumption that all are in the same or similar condition as your samples. This doesn't have to be hard, and you don't have to **** off the customer, client, nor their tenants.
 
You can do it if you want, but I would not. I prefer to have the owner or the property manager with me as I observe income properties. You have no idea what you will be walking into. I would charge at least another trip charge for posting the notices.

Sounds nasty to me. Be very careful.
 
It's the manager's job to post. I wouldn't go in without an escort, myself.
 
Cynthia Hamilton said:
It's the manager's job to post. I wouldn't go in without an escort, myself.

Cynthia gave good advice.

As far as using an EA and not inspecting all of them. I would not do that.

I make it subject to the inspection of the remaining units. Done this several times for Fannie loans and they liike it that way.
 
M Leggett said:
Just get into the few units you can, enough to be a "reasonable sample", and use an extordinary assumption that all are in the same or similar condition as your samples. This doesn't have to be hard, and you don't have to **** off the customer, client, nor their tenants.

Mr. Leggett,

The new 03/2005 1025 2-4 family form (I assume it is being required for this assignment) has the exact same S.o.W. as all the other 03/2005 forms. .. That may have been an alternative using the old forms. It's no longer much of an alternative. The 03/2005 1025 forms S.o.W. clearly requires a "complete visual inspection of the interior...." with this form being used... Not doing so is noncompliance with the S.o.W.

An appraiser can no longer make EA's like that to get around the S.o.W. Perhaps they could if they were to use CB4 and require an inspection by themselves. Which if they proceed to draft an EA that would work for doing that then this could lead to serious problems needing a great deal of appraisal time to correct. Time the client may refuse to pay for unless that appraiser got the EA accepted by the client ahead of time... At this point, if the 03/2005 forms are required, this approach is no longer practical. Fannie requires reporting of factual interior conditions, not an EA about them. So unless the client is willing to accept a report on something like the AI forms with a S.o.W. and certifications allowing your idea... I would not recommend it.

Ms. Lindsay,

I would not act on taking that upon myself without a serious reading of the landlord / tenant laws of that State, agreement with my client to pay for my extra time, and full contingency plans for the failure to obtain access. The law may require the landlord, or landlord's legal agent to make that 24 hour notice posting or it may not be legal. .. I would not be surprised to find out a property manager sending you out to post such notices would violate that State's property management rules under the State's real estate agency. I would want to know that before becoming involved in a complaint filed by a tenant and finding myself named in the complaint.

Then, even with the literal "Owner" of the real estate supposedly having made the postings and meeting me there for the inspections.... I have had so many cases of tenants refusing entry, with knock down drag out fights between them and the owner with me standing there........ Well, no bloody way I would want to attempt doing that on my own for a property manager who wants me to do their job for them... That property manager can get their little *** out there, after court hours, and do her job. I personally would report a delay out of my control to my client due to the property manager's inability to obtain access for me.

Barry Dayton
 
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No Way! Not Your Problem, Always keep the monkey on their back.

I would tell the property manager to contact me when they will be able to accompany me and give me access to ALL units. The more units, the more likely you will not get access or a tenant will refuse access. I want the property manager there to acknowledge the inaccessibilty and to insulate me from the tenants. It will allow you to do your job properly and without interference.

If you go by yourself you will never get out as each tenant bends your ear about every flaw in the building, real or percieved and what @#$% the landlord is.
 
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Depending on the client, intended use, and user, and your SOW might allow you to inspect a sample of the units. As already noted this is not allowed for Fannie/Freddie/FHA/VA etc..
 
Always stick your head in ALL the units and get that lazy *** manager to accompany you.

TC
 
Leigh Lindsay said:
I am working with a property manager for a non-complex 4 unit assignment, but she will be in court all week (and possibly longer) and won't be able to assist me in getting into all of the units. She wants me to post a 48 hour notice of entry on all of the occupied units(3) and gain access myself via each tenant. She said this is legal according to real estate law. That seems above and beyond my sow.... is this truly legal for an appraiser to do? I've never had to deal with this before, as the prop. manager and/or owner sets up the access for me.


Leigh...........VERY wise to trust yur instinct and ask here. Good for you........NYET!!!!!!!!!! :beer:
 
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