- Joined
- Jan 15, 2002
- Professional Status
- Certified General Appraiser
- State
- California
As for "they'll still sue regardless of your disclosures and warnings" that's no more a possibility for one of these assignments than it is for any other type of assignment. Be smart about your use of data, look for indications that a particular piece of data may be inaccurate or biased, and explain what you're doing in your report.
I think the possibility is higher for these bifurcated 1004P ( whether to sue or file a complaint ) because these have never been used in volume on origination loans before. It certainly gives a disgruntled RE agent or home owner an excuse to file a complaint or sue since they can claim (rightfully ) the appraiser did not inspect and thus X was wrong or mis valued.
Appraisers sometimes already value properties lower than the contract price without getting sued for that. I do it on a regular basis. Any appraiser who doesn't realize that they also need to actively disprove the reasonableness of the contract price when they're coming in low is asking for trouble. I just had a deal last week where I came in 20% higher than the contract price and I had to get to gettin' in order to explain that disconnect.
One way or another the market and the courts will become informed about where the boundaries really are WRT the question of "what is an appraisal?" And everyone who has been saying stupid things about that is going to end up looking like a fool.
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