Can a realtor deny access to property

[Mike Garrett RAA]

Lets make sure we are all talking the same language.

First, who is denying you access? Is the agent or the employing broker? If it is the agent, call the broker. If it is the broker, call the Board of REALTORS® and ask to speak to the executive officer. File a complaint and ask for a hearing.

If no help the next step is the real estate commission. File a formal complaint against whom ever. I would also call the lender. If it is an FHA loan, call FHA.

Or, forget it and move on. Could be more trouble than it's worth. If you really want to stir things up...call the local tv station and tell them you think there is a big story there that could be mortgage fraud.

Have fun.

 

[Webbed Feet]

Write it right in the report: "Listing agent failed to comply with his requirement as agent of the seller to act in the best interests of the seller and provide the appraiser with access to the interior of the property. The appraiser presumes that some one or more items within subject property would detract from his opinion of market value and has made appropriate adjustments to the reported value. A complete viewing of the property may result in a different opinion of value"

Let the fur fly!

(and I've done just that .. not a peep out of anyone!)

Unfortunately, if that was on a 03/2005 Fannie form and unless you used CB4, that modified the SOW by adding a prohibited EA to your addendum.

Webbed.

 

[CURT VAN HOOSER]

Never mind...

 

[Mztk1]

Get a lockbox key.

If it is not on lockbox and is owner occupied, call the owner.

 

[Webbed Feet]

If I receive an appraisal order for a sale transaction, can the realtor deny me access to the property? Say for instance because he is mad that I turned him into the state for calling my clients and trying to get appraisals reassigned?

Mr. Fierek,

I slept on this and have a bit more than an answer for you.

A real estate broker or agent owes a duty of fair dealing to not only their principle (owner of the property they listed if they are the listing broker or agent) but also to any member of the public that participates in the role of a buyer or possible buyer of the property. Essentially, this breaks down to acting adversely to the interests of the participants of a real estate transaction due to personal vendettas is a no no. It is sure to be a NAR ethics rules violation.

On the otherhand, and we have a big one here too, a real estate appraiser has a duty to be unbiased. Just exactly as when we discover a member of a real estate transaction is a close relative we are forced to notifiy our client about the relationship, either withdraw as lack of bias is impossible, or obtain our client's permission to proceed and disclose in our reports........ an appraiser would be forced to do exactly the same due to the situation you've described.

In short, there is no way possible you can go to war with a local real estate broker, then accept assignments with that broker involved, and not treat the situation exactly like discovering your own mother is a participant in the transaction. Then the entire process, issue, disclosure to the client, client's permission to proceed, and statement that the appraiser feels they can remain unbiased would have to go right into any appraisal report addendum each and every time this broker is involved. The INTENDED USERS have a right to know that two participants in a blood feud are involved when the appraiser is one of them.

I've seen your other posts about this broker and the situation. Honestly, in your position I might have a situation of pending litigation headed against that broker. With what has happened, I personally don't see how you should be allowing yourself to be involved in any of this persons transactions beyond documenting the business the potential slanderous statements this person has made against you has caused. I personally do not understand how the required certifications could be signed, with belief in the statement of them (to be unbiased), by any appraiser involved in such a blood feud.

Webbed.

 

[Anthony Cannata]

I'd say contact the buyers agent and see what can be done. If they can't make any headway, suggest they speak to their buyers attorney.

If sicking a lawyer on them does not help, then don't do the appraisal. You CAN put in extraordinary assumptions up the yin-yang to cover your butt. But, something stinks about this big time and my advice is to refuse the assignment if you can't get in.

Also, if possible, make the value dependent the subject passing an inspection if you end up doing it.