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

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BTW........whoever Jeffrey Hilborn is......he was the one that originated this post a while back.....just so you know:

"Turned in an appraiser for an obvious and objective error. No actions taken by the state and collogues told me I was in the wrong. Am I crazy?"​


Appraising a $1.6 million new construction in Cedar Rapids Iowa at cost is an obvious and objective error. Problem? Nobody cares about crappy appraisers, not the people on here, and not even the watchmen. Whatever, I'm over it.
 
Don't get me wrong, I have been an advocate of report the market as it is. We do current, not prospective market value for most assignments. My posts are related to the concept that GLA is always correct, and that people's decisions can be based upon incorrect information, which is even more so why we need to independent. Can contract price be real close to market value a lot of the time? Sure. Should it be some automatic thing that we back our market values into? NO!!!!

The premise that contract price IS market value or automatically SHOULD BE market value is one of the most incorrect premises an appraiser can make. Shame on anyone who holds this view. SHAME!!!
 
Just wait ... all these buyers paying above market will be complaining next year that their taxes are too high. Who will they blame then?
And between that, the low down payments, and the very real possibility that the market will decline (meaning they will be upside down), I would not be surprised to start seeing the dam break in a year or two.
 
I have a member number, have a lock box key like the sales associates/brokers, pay the same amount in dues, have to go to a ethics class every four years, and some of my money goes to NAR; yet never been called a Realtor.

After you spending the last 28 years being an appraiser, let me be the first to welcome you to the National Association of Realtors and call you a Realtor®, because you are a Realtor®.
 
Appraising a $1.6 million new construction in Cedar Rapids Iowa at cost is an obvious and objective error. Problem? Nobody cares about crappy appraisers, not the people on here, and not even the watchmen. Whatever, I'm over it.
How long have you been appaising ?
 
Here's is how we've been approaching this. When we call realtors and ask them about a comparable 5-7 times an appraisal, before we hang up we say "I know we are calling and bugging you guys all the time, but if you ever have a question for an appraiser give us a call". This alone has given us tons of referrals, and we've gone to offices for free to educate them on how we look and value the properties. This will get you a lot of "Street Credit" in the Realtor community. For those that do complain, I contact them or their broker directly and most of the time (95%) it turns into a positive.
I am one of the first appraisers they call when they get a difficult house to value, they know I know how to approach it, however I believe they throw any appraiser under the bus that they don't get their way with. I have spent countless hours on the phone with many Realtors explaining the process and answering questions for them. I have been asked to be on just about every panel they have that involves asking questions of appraisers at the local Board of Realtors office. They get plenty free information from me, and yet they find it necessary to talk badly about us behind our backs, and in some cases in front of it. Maybe I should just send appraisals in and not ask any Realtor for their CMA and let it fall where it may. Most of them have "Sh**" for comparable sales anyway.
 
This means that in order for homes to appreciate, people need to overpay for them. I don't agree with that logic.
No. If cash were required, then people would put up their own money. Buyers are using these purchases as put options. They can pay for or flip the property in the future if the market continues to go up. If it goes down, walk away from the put option (your miniscule down payment) and let the bank take the hit. Bankrupt or not, they walk away....just like 2009.

Cash equivalence as defined by MV isn't really cash equivalent when the buyer has zero risk of losing their investment. The cash buyer realizes a pull back in prices means they lost equity. There is no such loss with a 97% LTV since the loss is 97% the bank's loss not the borrowers. When the merry go round stops, prices are going to change. If inflation continues to rise, then interest rates HAVE TO RISE just as Yellen said before quickly being silenced by the PTB. And the difference in a payment on 300k at 3% and that of 6% is huge...people who can swing a payment on that at 3% are unlikely to swing the payment on 6%. So they cannot refi? But what about the simple problem when you have to move and selling to someone now borrowing at 6%? You take a haircut or short sell.
We are not Gypsy fortune tellers with a crystal ball - we are appraisers. Sure the market will eventually go down (it always does). But if your data shows you a rising market, don't fight it, dammit. It IS what is IS.
We are obliged to apply common sense adjustments and not to simply rubberstamp the speculations of Realtors and buyers with banks willing to lend any amount to anyone. In the process of a higher market we are also creating higher insurance rates and higher property taxes. The local governments and schools will be flush with cash next year.
Do you honestly think they couldn't tell which is bigger?
A ton of complaints and lawsuits over that very thing. So no, their are many that can't tell and don't bother to check. That is a "prudent" buyer? Nope.
Whether you think that is "prudent" or not is beside the point. Our job is to "read the market" and while it looked screwy a few months ago, its a lot clearer now...)
True but the end of such is predictable as it was in 2008. No, I can't tell you the exact hour but I was on record in Realty Times with other appraisers back in 2005 saying the market was over-heating and the longer it ran, the harder the fall.

Just as the prices are skyrocketing, inflation has doubled in a year, and doubling again puts it in the 1976-80 time frame and you recall how we "cured" that- 18% commercial interest rates, 15% home loans and what did the market do then? It went dead as a doorknob and people couldn't afford to move but many lost jobs and had to move and walk away from their homes. I recall one poor sap that bought a place and it was underwater. He was paying for it, but they were buying land for 412 expansion. He was offered less than he owed, went to court and lost, then filed bankruptcy.

There is a normal market- been pretty steady here from 2013 to 2020- up 5-6% annually. Last year up about 8%. So far this year 10%plus. It will return to the mean, sooner or later, and ignoring that is as dumb as rubber stamping every fantasy of a Realtor.
The premise that contract price IS market value or automatically SHOULD BE market value is one of the most incorrect premises an appraiser can make.
I recall a fellow years ago claiming that he always assumed a contract was market value and regardless the circumstance he never valued property OVER the contract price no did he value it UNDER the price except if it wasn't an arm's length transaction...oh, yeah. He was a Realtor, too.

the local Board of Realtors office
Since it appears you are a Realtor member - go to the board director (assuming you have one) and if you have anything in writing, put the question to them about the ethics. As a Realtor you can file a complaint to the board and it goes thru their process. Otherwise, if merely an agent, I would call up the agent's broker, remind him you are full fledged member and you don't appreciate the bad mouthing. If he doesn't respond, then file a formal complaint to the board.
 
No. If cash were required, then people would put up their own money. Buyers are using these purchases as put options. They can pay for or flip the property in the future if the market continues to go up. If it goes down, walk away from the put option (your miniscule down payment) and let the bank take the hit. Bankrupt or not, they walk away....just like 2009.

Cash equivalence as defined by MV isn't really cash equivalent when the buyer has zero risk of losing their investment. The cash buyer realizes a pull back in prices means they lost equity. There is no such loss with a 97% LTV since the loss is 97% the bank's loss not the borrowers. When the merry go round stops, prices are going to change. If inflation continues to rise, then interest rates HAVE TO RISE just as Yellen said before quickly being silenced by the PTB. And the difference in a payment on 300k at 3% and that of 6% is huge...people who can swing a payment on that at 3% are unlikely to swing the payment on 6%. So they cannot refi? But what about the simple problem when you have to move and selling to someone now borrowing at 6%? You take a haircut or short sell.

We are obliged to apply common sense adjustments and not to simply rubberstamp the speculations of Realtors and buyers with banks willing to lend any amount to anyone. In the process of a higher market we are also creating higher insurance rates and higher property taxes. The local governments and schools will be flush with cash next year.

A ton of complaints and lawsuits over that very thing. So no, their are many that can't tell and don't bother to check. That is a "prudent" buyer? Nope.

True but the end of such is predictable as it was in 2008. No, I can't tell you the exact hour but I was on record in Realty Times with other appraisers back in 2005 saying the market was over-heating and the longer it ran, the harder the fall.

Just as the prices are skyrocketing, inflation has doubled in a year, and doubling again puts it in the 1976-80 time frame and you recall how we "cured" that- 18% commercial interest rates, 15% home loans and what did the market do then? It went dead as a doorknob and people couldn't afford to move but many lost jobs and had to move and walk away from their homes. I recall one poor sap that bought a place and it was underwater. He was paying for it, but they were buying land for 412 expansion. He was offered less than he owed, went to court and lost, then filed bankruptcy.

There is a normal market- been pretty steady here from 2013 to 2020- up 5-6% annually. Last year up about 8%. So far this year 10%plus. It will return to the mean, sooner or later, and ignoring that is as dumb as rubber stamping every fantasy of a Realtor.

I recall a fellow years ago claiming that he always assumed a contract was market value and regardless the circumstance he never valued property OVER the contract price no did he value it UNDER the price except if it wasn't an arm's length transaction...oh, yeah. He was a Realtor, too.


Since it appears you are a Realtor member - go to the board director (assuming you have one) and if you have anything in writing, put the question to them about the ethics. As a Realtor you can file a complaint to the board and it goes thru their process. Otherwise, if merely an agent, I would call up the agent's broker, remind him you are full fledged member and you don't appreciate the bad mouthing. If he doesn't respond, then file a formal complaint to the board.

I have never "rubber stamped" a value and I have never advocated that. (As I posted elsewhere on this thread).

My point was that the market is indeed going up right now and we can't ignore THAT data. As far as a particular appraisal goes, I'll repeat what I posted earlier - we are "handcuffed" by the most recent similar comparable sales. Period. Wherever that leads is where the value of a particular property is right now.

The practical effect is that many (most?) of these "high-bid contract sales" are appraising somewhere between list price and contract price (this is exactly what happened on the home we are buying right now in TX). In this market the buyer then has to "step up" with the cash to complete the deal or else they should not be "playing" in the real estate market right now.

The end result is that the market IS moving upwards, just not as fast as some realtors would like....
 
Congrats, you're older than me. Do you have a relevant point?
My point was, if you have not been appraising very long, you have not been at it long enough to realize that appraisals can get reviewed years after they are done.
 
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