I might be wrong, but I think the original intent of the concept of "C & R" was to deceive and gaslight appraisers into supporting the reforms proposed, or at least keep them from thinking it would impact them in any way but a positive one. So, C & R is not a panacea to protect appraisers. In fact, it is a nothing burger that does not stop anyone from offering $195 for a 1004 appraisal, nor does it imply that the AMC and lender are under any obligation to seek the best qualified appraiser for the assignment without regard to turn time and fee. But the only two factors that the Feds didn't say were reasons to choose the appraiser are the only two that the AMC uses.
I do believe you are wrong = the feds did not have to gaslight appraisers into supporting the reforms; they did not need support from appraisers do make law.
They were aware that a sea change was afoot by the new regulations prohibiting individual loan officers from ordering the appraisal. The client orders were generated by individual loan officer of a allowed to select an appraiser. Not after HVCC - then it would have to be a nonloan officer at the lender or a third-party AMC. The feds were aware that this greatly narrowed the demand side - even if the same # of appraisals were ordered by X client, instead of 200 loan officers selecting, we have one AMC, or one panel manager assigning.. Which skews the normal ratio of supply/demand to the disadvantage of appraisers - thus, the first, original position of Cand R was for lender surveys and VA and govt surveys to establish the C and R in a region
The profiteers representing AMC interests fought it and won - that is what G Hatch correctly identified as he supported the original ( first ) version of Cand R . The second version, that an AMC can use ther own internal fee survey, doomed appraisers from getting C and R that private, lenders , and VA pay. The skewed S/D of the narrow channel of AMC ordering large volume means the appraisers can get C and R as other professions do who do not have prohibitions on who orders or pays for a service ( and private appraisal work also is not affected )
The incentive to low-fee bid fees is not present when lenders order directly because their money comes from loans; they are not in the business of making money off of appraisal splits, whereas the AMC gets their money from appraisal splits- and the more of the split from the HUD bundled fee the AMC keeps, the less goes to the appraiser - simple as that. It is not in play when lenders order something; for some reason, some do not understand, and they keep lumping lenders and AMCs together. The AMC is in a complete different business than a lender is., even if they handle lender orders .
I wonder what goodies were dangled to regulators to sway them to allow a second C and R for AMC's, but they sold appraisers out on it.
C and R function well in the real world because, in most fields, there is no prohibition about who hires or orders a service - and in private appraisal work, that is true as well. Thus, the ratio of people ordering vs the people supplying is in a natural balance. That is why, when comparing fees or rates of any profession or service in an area, they are very similar, with a few higher charges and a few bargain folks, but most are in the middle with the same or similar rate. That does not happen in AMC world, where the S/D ratio is severely out of whack with the result that fees are always driven low, except in a rare time of high volume ( the pandemic/low rates) or a niche area like a very rural remote location.
My issue with G Hatch is his posts that promote the idea of an app to make real-time live fee bidding which would send appraisal fees even lower - .
As to your last sentence - the only two factors- that is correct and is the reason why AMC's refers to appraisers as "vendors" - as in our valued vendor partner -