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Can I Be Sued For Holding Up Closing

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S is for spittman

Senior Member
Joined
Oct 24, 2005
Professional Status
Certified Residential Appraiser
State
Texas
A little info ...

Completed an appraisal in Bexar county, TX on Aug. 22. The inspection was actually on 18th.
The appraisal was for a purchase of a brand new home and they were suppose to close on the 28th.

As many of you are aware, Hurricane Harvey hit the coast of Texas this past weekend.
San Antonio [Bexar county] experienced very little impact of the storms. As far as I'm concerned, the light drizzle we got was very much welcomed, but no damage to ANYTHING as far as I can tell.

Nevertheless, Bexar county is on the list of designated disaster areas and now the builder says they need to provide a followup disaster report to the bank before closing. The problem is, I don't do those types of reports.

For this particular client, they do have a lender guideline to include a statement that the property is not in a disaster area and that there was no disaster related damage at the time of inspection [which it wasn't and did not have at the time].

I'm just wondering if they have any grounds to force me to complete this report in order for them to close.
 

hastalavista

Elite Member
Joined
May 16, 2005
Professional Status
Certified General Appraiser
State
California
I don't think they can "force" you to do anything. It is a request; obviously, the storm was something unanticipated as far as its potential impact on your subject.

This would be a business decision, IMO.
 

timd354

Elite Member
Joined
Jan 11, 2008
Professional Status
Certified Residential Appraiser
State
Maryland
A little info ...

Completed an appraisal in Bexar county, TX on Aug. 22. The inspection was actually on 18th.
The appraisal was for a purchase of a brand new home and they were suppose to close on the 28th.

As many of you are aware, Hurricane Harvey hit the coast of Texas this past weekend.
San Antonio [Bexar county] experienced very little impact of the storms. As far as I'm concerned, the light drizzle we got was very much welcomed, but no damage to ANYTHING as far as I can tell.

Nevertheless, Bexar county is on the list of designated disaster areas and now the builder says they need to provide a followup disaster report to the bank before closing. The problem is, I don't do those types of reports.

For this particular client, they do have a lender guideline to include a statement that the property is not in a disaster area and that there was no disaster related damage at the time of inspection [which it wasn't and did not have at the time].

I'm just wondering if they have any grounds to force me to complete this report in order for them to close.
Why would'nt you do a disaster inspection? First of all, they are easy money if the house did not suffer any apparent damage (Charge than $150 or so for something that takes almost zero work). Second of all, if it is a good client, you will be providing good customer service.
 

Don Clark

Elite Member
Joined
Jan 17, 2002
Professional Status
Certified Residential Appraiser
State
Virginia
Why would'nt you do a disaster inspection? First of all, they are easy money if the house did not suffer any apparent damage (Charge than $150 or so for something that takes almost zero work). Second of all, if it is a good client, you will be providing good customer service.

I agree. Very simple to do, and take a couple of photos as proof.
 

sail143

Junior Member
Joined
Oct 6, 2011
Professional Status
Certified General Appraiser
State
Rhode Island
You are providing an additional service for which a fee is earned. Just part of the lender doing business who passes it on to the buyer.
 

S is for spittman

Senior Member
Joined
Oct 24, 2005
Professional Status
Certified Residential Appraiser
State
Texas
Why would'nt you do a disaster inspection? First of all, they are easy money if the house did not suffer any apparent damage (Charge than $150 or so for something that takes almost zero work). Second of all, if it is a good client, you will be providing good customer service.

This is a 6700 sq.ft. home. Easy money? Not so sure about that ... I've never done one of these before.

And I agree, this is a good client that I would be providing good customer service to, but as of yet, the request has only come from the builder's sales office. I haven't gotten any new assignment from my client.

Just looked in my software and I do have two very different forms I could use in the event they do order the report.
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
This is a 6700 sq.ft. home. Easy money? Not so sure about that ... I've never done one of these before.
Follow your senses...new construction. Future problems. What if it leaks and the builder said it was the storm, you said it was "OK"...everyone points a finger at you. Tell them you won't do it unless everyone involved signs a waiver and acceptance that they will not sue even if you are wrong.
 

glenn walker

Elite Member
Joined
Oct 11, 2006
Professional Status
Certified Residential Appraiser
State
California
All you do is get in your car drive by the property and make sure it was not effected- Take some photos - Send a bill for $150.00 and be done . In California I have done many of these these after fires or earthquakes-hit our area. *** Sometimes the property was 100 miles away from the natural disaster but I did have one a few years back where the entire neighborhood was gone- So I drove through took photos and stated " ( The house Is gone burned down and only thing left was the foundation and the fireplace.

Personally I would do it to help out the buyer so they can get moved in. As far as being sued YES any body can sue you for anything in the USA - NOT probable and you would probably Win - Except your E & O would increase your next premium or they would not renew because you cost them money.
 

J Grant

Elite Member
Joined
Dec 9, 2003
Professional Status
Certified Residential Appraiser
State
Florida
This is a 6700 sq.ft. home. Easy money? Not so sure about that ... I've never done one of these before.

And I agree, this is a good client that I would be providing good customer service to, but as of yet, the request has only come from the builder's sales office. I haven't gotten any new assignment from my client.

Just looked in my software and I do have two very different forms I could use in the event they do order the report.

it's no big deal you inspect from ext (or int depending on what they ask for), report that no damage was observed- (assuming none observed. If you note damage, then take a photo of it and explain what you saw, then follow up with how client wants you to handle it such as make inspection or repair

Why wouldn't' you do this needed service, a client could drop you over it because not doing it makes life difficult and irks the borrower, causes delays if they have to find another appraiser to do it.
 
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