medical marijuana.have some questions.

[Pat Butler]

There's a distinction that you liberals are ignoring. All of the above examples are things that might be legal and for which the appraiser cannot make a determination on. But seeing illegal drug production is pretty clear.

 

[Alpine]

So, the shoe does fit...

 

[Delta85]

There's a distinction that you liberals are ignoring. All of the above examples are things that might be legal and for which the appraiser cannot make a determination on. But seeing illegal drug production is pretty clear.

It may be clear as day but that does not make it any more our business. We are not law enforcement and the activity itself has no effect on the structure of the home. I'm far from a liberal FYI.

 

[Mile High Trout]

AO 33 - Residential Marijuana production.

Q: What is the appraisers duty regarding properly reporting residential Marijuana production or use?

A:
A1 - Always respond no when asked if you 'want some of this doob'.
A2 - Do not take on the liability or duties of a professional inspector.
A3 - Don't talk politics, unless you're bipartisan.
A4 - Ignore the fact it's a schedule 1 substance because it's clearer than the day is long, that it has medical benefits, and should be schedule 3 or less.
A5 - Only mention Jerry Garcia if they have a gratefull dead poster on the wall, otherwise, don't engage in that line of dialogue.
A6 - Proper reporting requires noting all the strains, the count of flowering plants, the proper use of electrical setup, fire safety setups, while remembering the points contained in A2.

 

[Pat Butler]

You need to ask your client if they'd be interested in knowing this information. Considering that some law enforcement agencies, especially the feds, can sieze properties with illegal drug production, I think that's something that the majority of clients would like to know.

 

[Delta85]

You need to ask your client if they'd be interested in knowing this information. Considering that some law enforcement agencies, especially the feds, can sieze properties with illegal drug production, I think that's something that the majority of clients would like to know.

The client may be interested in knowing a variety of things that are NOT the appraisers business. There are also a variety of things a homeowner can do that might cause them to lose their home, again, not our business. Didn't you bring this possibility up earlier in the thread?

I just do not get your line of thinking. A bunch of guys playing poker in the family room during your inspection could be an illegal gambling operation. Do you photograph the table and playing cards and disclose this in your report? A large brick of powder is found in the pantry. Could be just sugar. Could also be cocaine hidden until ready to be sold. Do you disclose? Do you taste first to be sure? There are a bunch of dogs in the backyard? Is the homeowner an animal lover or is this a puppy mill? How many dogs make a puppy mill anyways? Do you photograph and disclose? Do you keep a running list of possible illegal activity and then call the client from down the street after inspection and run through the list?

This is silly and any appraiser that oversteps their reasons for being in the home in the first place deserves any backlash they get from a homeowner if any.

 

[TRESinc]

The client may be interested in knowing a variety of things that are NOT the appraisers business. There are also a variety of things a homeowner can do that might cause them to lose their home, again, not our business. Didn't you bring this possibility up earlier in the thread?

I just do not get your line of thinking. A bunch of guys playing poker in the family room during your inspection could be an illegal gambling operation. Do you photograph the table and playing cards and disclose this in your report? yes the table and cards would be part of the appraisal as i take pictures of every room in the house. A large brick of powder is found in the pantry. Could be just sugar. Could also be cocaine hidden until ready to be sold. Do you disclose? Do you taste first to be sure? no. one brick in a pantry (possession) is not the same thing as the manufacturing of illegal substances which could potentially cause the loss of the home. i wouldn't taste it nor would i taste a growing marijuana plant. as stupid as it may be marijuana is a schedule 1 narcotic and cocaine is a schedule 2, or less, in the eyes of the law. There are a bunch of dogs in the backyard? Is the homeowner an animal lover or is this a puppy mill? How many dogs make a puppy mill anyways? Do you photograph and disclose? if it gets to the point of being a health hazard i would photo and report it to the lender. actually i would take a pic no moatter how many dogs there are. this example however is in the backyard and not inside the structure (house) as is the case with a federally illegal grow room. compare apples to apples. Do you keep a running list of possible illegal activity and then call the client from down the street after inspection and run through the list? there is no possible, growing marijuana is illegal by federal law. this is why people can, and have routinely, lost not only their plants but their businesses as well receiving jail time in places like california where it is "legal" on a state level.

This is silly and any appraiser that oversteps their reasons for being in the home in the first place deserves any backlash they get from a homeowner if any.

see above in red.

our reason for being in the house is to be the eyes and ears for the lender and give an opinion of value. illegal activities can greatly impact that value and the lender has the right, and is relying on us, to know what is happening in and around the property they are potentially lending money against.

as i have stated before i could care less who smokes, grows, uses or does anything related to drugs. that is your decision to make, not mine. my obligation is to perform a service to my client who is relying on my to give them a tool, and probably the most important tool, to aide in their decision to give or not give cash.

 

[Alpine]

The bottom line is that appraisers should not assign themselves more authority than a homeowner's state and local governments in judging the legality of a borrower's activities. The inherent conflict between states with this type of legislation and the Feds/DEA will eventually wind up in the courts (probably is already), perhaps even going to SCOTUS. But as it stands today, we don't read of mayors and governors narcing to the Feds on citizens who are following their state laws regarding "legal" grows of medical marijuana.

In instances wherein borrower's have approached me with their paperwork, I decline to examine it. I acknowledge to the homeowner that I'm aware that our state allows medical grows, but I'm neither trained nor authorized to confirm compliance. And I am certainly not going to state to a client that the borrowers are in compliance. I know people who grow in strict compliance, and have read of others who grow in excess of allowed inventory by juggling the permits of patients they grow for. I'm not about to overstep my role as a real estate appraiser by counting plants or violating someone's privacy.

I will repeat my original advice to the OP, while revising it to recommend he broach it immediately on the phone when the appraiser calls to schedule the appointment. If it were me, and the appraiser refused to honor my privacy in this highly-sensitive instance, I wouldn't let them in my home.

 

[Delta85]

see above in red.

our reason for being in the house is to be the eyes and ears for the lender and give an opinion of value. illegal activities can greatly impact that value and the lender has the right, and is relying on us, to know what is happening in and around the property they are potentially lending money against.

as i have stated before i could care less who smokes, grows, uses or does anything related to drugs. that is your decision to make, not mine. my obligation is to perform a service to my client who is relying on my to give them a tool, and probably the most important tool, to aide in their decision to give or not give cash.

Unless any of the items being talked about effect the structure itself or create an unsafe environment it's non of our business. How much coke does it take to become intent to sell and distribute? Is that something an appraiser is suppose to know or he is not competent to appraise homes? How many dogs make a puppy mill? What defines an illegal gambling operation? Are these all items appraisers should be competent in before accepting assignments? Really? So now we must know federal and local criminal law?

Give me a break. The lender hired me to appraise the home. If they need to know what the homeowners are doing in their home or how they conduct their lives let them hire Jim Rockford.

 

[Mr Rex]

I always inventory the number of liquor bottles I see and rifle through the trash for empty beer cans. Some sumbeech wants to refi, he best get his drinking in check before Ole X the appraiser god shows up and proclaims it judgement day.