Has anyone attempted to bring Ethics Violations against a Realtor for continually making negative remarks against you?

[Mike Kennedy]

Code of Ethics and Professional Standards

Use this page to access NAR's Code of Ethics, professional standards, and mediation resources.

www.nar.realtor

"Under Statement of Professional Standards Policy #29, REALTORS® are subject to the Code of Ethics' standards in all of their activities. Thus, a violation of Article 10, as supported by Standard of Practice 10-5, can occur when a REALTOR® uses harassing speech, hate speech, epithets and slurs based on the protected classes in any media or context, regardless of whether related to their activities in the real estate business or their identification as a REALTOR®."

 

[Joe Flacco]

I havn't had issues with contract prices for a while now.

 

[Joe Flacco]

This is how I use the bottom two blank lines these days. Number of offers and contract price for the pendings.

 

[Tru Red]

Defamation, Slander, and Libel

Defamation is an area of law that provides a civil remedy when someone's words end up causing harm to your reputation or your livelihood. Libel is a written or publi

www.nolo.com

The "trick" is proving it. Many elements come into play trying to prove it. Good luck trying to sue someone for damages if you are an appraiser that's been offended by a real estate agents comments.

Every court in the country would have thousands upon thousands of cases waiting to be heard.

 

[J Grant]

Does it shock you that price and value are related? I truly don't understand where you are coming from. Value is the most probable price that the home would sell for based on the effective date.

Let's say a home sold yesterday for $95,000. The market recently has been very hot. You can't turn on the radio or news without hearing about the shortage of housing and demand from buyers. There are paired sales from last week that show tremendous appreciation.

Today the buyer has to leave and wants to resell. You, as an appraiser, would tell the person that despite the increasing market conditions and ten people lined up to put in $100k+ offers, that his home is not worth more than $95k? $95k is the most probable price?

We are not hired to tell them what their home is worth. We are hired by a client to give an opinion of market value. A market value opinion might be teh same as, or differ, from what folks think a home is "worth", or even what they offer in contract as what they think it is worth. ( as a price ) Appraisal MV opinion can be same, lower or higher than what a buyer or buyer or seller or agent thinks it is "worth"-

The definition of market value has the words most probable price, but it states most probable price within the context of MV as the TYPE OF VALUE sought .
If I was hired for a price opinion, 100k sure;

 

[J Grant]

Who says market condition adjustments have to be annualized? If the market has increased more in the past three months than the previous nine, why would you do an annual adjustment?

Edit: This reminds me of my very first supervisor who told me I couldn't adjust an oversized comp at a lower per square foot rate based on diminishing returns. "You can't do that! Every comp has to be adjusted at the same rate." When I ask why they have nothing.

That is true, no appraisal god says market condition adjustments have to be annualized, however, that is how most appraisers apply it, aka your peers , and peer practice is a USPAP standards. Most apply it as a monthly percent of teh annual because value is a longer term concept of duration, and any month or few months can have sudden surges or drops and it is not enough to show a durable longer term trend. If the market is on fire and jumps up in two months, then the feds announce a rate hike and prices plunge the next two months, then what ? Which two months you gonna use ? It is just too volatile and short term ( typically ) for what users expect in a MV purpose appraisal

 

[Alsie35]

Comparing 3-month rolling averages is how I was taught to do time adjustments - because doing it that way captures both large recent increases that wouldn't show up in an annualized average and enough data time-wise to make those rates reliable.

My EVC spreadsheet does a nice job with that kind of analysis going 2 years back (if need be).

 

[JeffSH]

The definition of market value has the words most probable price, but it states most probable price within the context of MV as the TYPE OF VALUE sought .

Let's say a home sold yesterday for $95,000. The market recently has been very hot. You can't turn on the radio or news without hearing about the shortage of housing and demand from buyers. There are paired sales from last week that show tremendous appreciation.

Today the buyer has to leave and wants to resell. You, as an appraiser, would tell the person that despite the increasing market conditions and ten people lined up to put in $100k+ offers, that his home is not worth more than $95k? $95k is the most probable price?

If you say $95k is the most probable price, then you are assuming that the buyers are not typically informed or motivated. Why?

Do buyers have to act irrationally in order for the market to increase?

 

[J Grant]

Let's say a home sold yesterday for $95,000. The market recently has been very hot. You can't turn on the radio or news without hearing about the shortage of housing and demand from buyers. There are paired sales from last week that show tremendous appreciation.

got it , we take into account the market is rising /appreciation lowinventory already did that.

Today the buyer has to leave and wants to resell. You, as an appraiser, would tell the person that despite the increasing market conditions and ten people lined up to put in $100k+ offers, that his home is not worth more than $95k? $95k is the most probable price?

In a MV purpose appraisal, I don''t tell anyone what their home is worth - including what it is "worth" as a most probable price. ( unless I am hired as a consultant to give a price opinion. Even though the word most probable price appears in the MV definition, we are not giving an opinion of most probable price. We are giving a market value opinion with MV definition stating MV (as the type of value sought.) See USPAP for the role of a market value definition - it is to state the type of value sought ( market value or disposition value or insurance value etc ).

We develop the appraisal to derive a MV opinion- the MV opinion might be 110k or 100k, or 95k - Yes, it can be 95k, even if there are 10 buyers lining up to pay 100k for the house.

above you said ...that his home is not worth more than $95k? $95k is the most probable price? We are not giving probable price opinions !! We can not just snip the word "most probable price | out of the MV definition and give an opinion of most probable price , instead of giving an opinion of market value -

If I am hired as a consultant and purpose of my valuation is a price such as a list price or probable sale price, I can do that. But that is not a MV purpose appraisal

 

[J Grant]

https://appraisersforum.com/forums/chrome-extension%3A//fmkaflbamgddpjacdmjlkhbnpnlemaea/images/SRA/GoSm1.pnghttps://appraisersforum.com/forums/chrome-extension%3A//fmkaflbamgddpjacdmjlkhbnpnlemaea/images/SRA/WebrootSmall.png

2020 USPAP UPDATES​

www.appraisers.org/docs/default-source/event_doc/...
MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the value definition of the term that is identified by the appraiser as applicable in an appraisal.

The market value definition we use lets users ( and us ) know the type of value we are developing in the appraisal . We don't get to snip out pieces of it, such as pull the word most probable price out , and use it as a stand alone to turn the assignment into a most probable price opinion.