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Negligent appraisal.what can I do?

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beenelson

Freshman Member
Joined
Mar 20, 2014
Professional Status
General Public
State
Delaware
Greetings,


I was hoping I could get some answers from the experts on this board. I recently was denied a line of credit for my 7 unit apartment building due to a low, or as I see it sloppy, appraisal and I'm hoping to try and recoup some or all of the $3000 I spent on it. In short, the property appraised for 40k less than when I purchased the property 1 year ago even though I've added 3 rentable units, separated each unit onto its own electric meter, has a wet and dry sprinkler system installed, completely renovated 1 unit, and added a bedroom in the unit I'm living in. As you can imagine, there were substantial qualitative and quantitative errors in the report.


Just to give a little more background on the property, I purchased the property using a 203k renovation loan for $400k of which the sellers received $242. The building was built by the former code enforcer of the city and is in great condition. The catch (why it sat on the market for 4 years) was that the building needed to be retrofitted with a sprinkler system to be brought up to code. The former owner constructed the 7 unit complex by himself and never felt the need to get any permits (he was the code enforcer and furthermore, the Mayor was and still is living here). The property had several offers when it was listed for $575k back in 2009 prior to any knowledge of the required upgrades. Needless to say, those offers fell through when they realized the sprinkler system would cost $125k+. Furthermore, the non-conforming variance was only for 3 units so the majority of the building couldn't legally be rented. 4 years later the family sells it to me at a very undervalued price because of the associated risks. I made all the necessary upgrades as well as some other upgrades I discussed above and most importantly, I got a lawyer and went in front of the board of adjustment and had the variance extended to 8 units (I'm in the process of splitting my 4000 sqft unit). There was no guarantee that the board would approve my variance and was the single biggest risk of purchasing this property (ie where I gained the most value, 4 additional units). My first appraisal was for a 3 unit to 4 unit conversion and came in at $460k. I gave this appraisal to this appraisal company, but they didn't look at it (by their own admission) and appraised my property for $420k (I was seeking $700k)!


Now for the errors:

Quantitative

1. In the Cap rate analysis section, "We have reconciled an 8.75% capitalization rate from the Band of Investment and Debt Coverage Ratio analysis."

Band of Investment: 8.67%
Debt Coverage Ratio: 8.20%

How can an average be greater than the 2 numbers you put in?


2. On the comp comparison section they used the wrong square footage and deducted 5% from 3/4 comps. There is a 2500 sqft poach that wraps around 2 sides of the building. Earlier in their report, they correctly estimated the habitable living space as 8665sqft, but for some reason they chose to use the what's on the public record (which included the porch) instead of what they calculated when comparing comps.


3. In the same section, the occupancy rate of the 2/4 comps
is impossible. They stated an occupancy of 95% for a 6 and 16 unit building which doesn't work out to a whole unit even if you prorate down to the day. This figure appears to be entirely made up and 5% was knocked off for this. The other 2 comps make sense though, 100% occupancy and 87% for the other (7/8 units filled). Given how much they took off for just 1 unit vacant, then if these properties were indeed lower than 95% occupancy, then it would have greatly affected the per unit price.


4. Improperly assessing the rental value of my unit. They said since it was a 2BR 2.1BA it would only rent for $900/month which is reasonable for a typical apt of that size. However, my unit is the original house and is 4320 sqft (50% of all the habitable space) with it's own separate entrance, the only covered parking in the building and sole access to 2000/2500sqft of the poach (everything except where I keep the garbage cans). Furthermore, I was in the process of completing the 3rd bedroom when they came through and it was completed between when they saw it and when the appraisal was filed. I thought they would have counted it towards my unit, but they chose not to or just completely forgot. The appraiser didn't even have a notepad, he was just jotting things down randomly on the back/side/margins of some of the paperwork he brought. I remember talking to my wife about it and was worried they were missing things bc everything he wrote down was out of order. Bottom line is that $900/month is absurd for a space that size with the additional amenities. My argument was that the rent rate should be comparable to a single family home of that size bc there is no interaction with other tenants (separate entrance/parking/trash) and that that was the structures original intended purpose.


Qualitative

1. I know these are much harder to dispute which is why I'm not relying on these to stick if I take them to court. Location I thought should be upgraded from average to good when comparing my property to the comps. The 3 main reasons were crime rate (taken from trulia), school rating (taken from trulia), and the fact that the small local airport just over a mile away started doing commercial flights within the last year. One of my tenant chose my property specifically for close access to the airport. Other factors like access to public transit, major roads, banks, shopping, and grocery stores were comparable or better than the 4 comps. Furthermore my property is unique (excluding comp #1, see below) because it's the only apartment building in a small, quite neighborhood surrounded by single family homes. Most of my tenants moved to my property from the major city 10 minutes away because they wanted the suburban lifestyle, but still wanted to be close to the city. I asked the appraisers about this specifically and they said they could account for this in their report (they didn't).


2. Comp #1 was mostly wrong. What they didn't know is that I put 2 offers on Comp #1 and that is how I met my real estate agent. Having intimate knowledge of this property, the condition needed to be lowered from good to average or maybe even poor. There was a mysterious water leak in the basement and a major crack in the basement wall. Also, only half the units were in good condition and were obviously the ones who's pictures made it into the listing. Furthermore, crime is substantially higher in that neighborhood and is surrounded by lower quality single family homes (the one across the street is abandoned).


As I'm sure you can tell, this is a very very poor appraisal. After looking at the companies website it seems like a very small portion of their business involves mulit-family dwellings and under multi-family dwellings all it says is they specialize in 50-1000+ units. After looking at the scrolling pictures of past properties they've appraised, most are large apartment complexes or housing developments. There isn't any pics of anything that remotely resembles the scale of my building. It appears they decided the $242k out of the $400k that I gave the sellers represented the fair market value and went from there instead of looking at the appraisal I gave them for $460k or the listing history or even the original agreement of sale. I know I didn't lose $40k by adding 3 rentable units, bringing the building up to code, splitting the electric, renovating a unit, and adding a bedroom. I even got a letter from a big investment firm wanting to buy the property now that I did all the leg work getting a variance and bringing it up to code. Any advice on how I can get back the $3000 I spent on this horrible appraisal would be greatly appreciated. What should my next step be? Should I ask for a refund directly from the appraiser first? I shared every point I made here with the bank, but I don't know if the appraiser is aware of all the mistakes.
 
I understand you are disappointed with the result of the report, but you should be sure the report is defective. Your summary raises many questions and it is impossible to offer an opinion as to the credibilty of the original report.

Put some work into finding a competent independent appraiser, and have them review the original report. It may cost you a little money, but it should answer all of your questions and determine if the original report is truly defective or if your disappointment is unfounded.
 
Greetings,


I was hoping I could get some answers from the experts on this board. I recently was denied a line of credit for my 7 unit apartment building due to a low, or as I see it sloppy, appraisal and I'm hoping to try and recoup some or all of the $3000 I spent on it.

I even got a letter from a big investment firm wanting to buy the property now that I did all the leg work getting a variance and bringing it up to code.

Any advice on how I can get back the $3000 I spent on this horrible appraisal would be greatly appreciated. What should my next step be? Should I ask for a refund directly from the appraiser first? I shared every point I made here with the bank, but I don't know if the appraiser is aware of all the mistakes.

The appraiser can not refund anything to you.

You have to address the lender with your questions about missing information or averaging above the input numbers. We are not going to read the whole report here, for free, for you, to determine if you missed something within the report that explains it. This is your lender's job.

I'm just wondering if your building was up to code prior to the appraisal, or after the appraisal.

Appraisers do not give loans, so even if you have a perfect appraisal, you can not make a lender give you a loan.

.
 
I understand your frustration with a bad appraisal. Here the ways to handle it:

1) Raise the objections with your bank (as stated above) and ask another appraiser picked by the bank to review the report as to its credibility. You will have to pay for the review.
You might even take it to another appraiser and have them review the one you had without the bank's approval and use that to show the bank.
2) As the original appraiser to explain why he did what he did. He probably has his reasons why he did what he did. You won't have to pay for that.
3) Go to a different bank, and get another appraisal. You will have to pay for the appraisal.

You won't get refunded your money however.

I have had numerous people not like an appraisal that I did on their house. Most people do not like it when they think their property is undervalued. but compensation is not dependent upon any final number or making the owner or lender happy.
 
I understand your frustration with a bad appraisal. Here the ways to handle it:

1) Raise the objections with your bank (as stated above) and ask another appraiser picked by the bank to review the report as to its credibility. You will have to pay for the review.
You might even take it to another appraiser and have them review the one you had without the bank's approval and use that to show the bank.
2) As the original appraiser to explain why he did what he did. He probably has his reasons why he did what he did. You won't have to pay for that.
3) Go to a different bank, and get another appraisal. You will have to pay for the appraisal.

You won't get refunded your money however.

I have had numerous people not like an appraisal that I did on their house. Most people do not like it when they think their property is undervalued. but compensation is not dependent upon any final number or making the owner or lender happy.

I did bring up every point to the lender over the course of a week. At the end of the week the VP of the bank called me and agreed with me that the appraisal I have wasn't accurate. However, when I asked for another appraisal the bank refused and said there was no way they could provide me a line of credit for the property. The reason the VP gave was that the next appraisal was going to come in significantly higher and that was going to be a red flag to regulators looking to see if the bank was attempting to manipulate the appraisal. She said it wasn't worth the risk for the bank. She did tell me that they were going to review the previous appraisals by the same company to evaluate whether or not they would continue to accept appraisals from said company in the future.

Compensation is dependent on accuracy, is it not? It's not about happiness, it's about accuracy. The bank agreed with me that the appraisal didn't accurately represent the value of the property, but they refused to allow me to get another one bc of the new regulations.

Are appraisers liable in any way, shape, or form for the content of their appraisal? If so, how? Financially? Legally? If not, then why does E&O insurance exist?
 
Appraisals are not accurate (as far as condtion, adjustments, comp selections etc). An appraisal is an opinion. The opinion may be credible .....or not...but accuracy is not really something to be expected or every appraisal would be done the same "accurate" way.

You were not the client and will not likey get a refund. The refund would have to come from the bank.....who required you to pay for the appraisal as part of the loan application process.
 
The reason the VP gave was that the next appraisal was going to come in significantly higher and that was going to be a red flag to regulators looking to see if the bank was attempting to manipulate the appraisal. She said it wasn't worth the risk for the bank.

Find a bank that is not chicken **** sounds like a plan. If that was my bank, I'd be gone. :shrug:
 
Greetings,


I was hoping I could get some answers from the experts on this board. I recently was denied a line of credit for my 7 unit apartment building due to a low, or as I see it sloppy, appraisal and I'm hoping to try and recoup some or all of the $3000 I spent on it. In short, the property appraised for 40k less than when I purchased the property 1 year ago even though I've added 3 rentable units, separated each unit onto its own electric meter, has a wet and dry sprinkler system installed, completely renovated 1 unit, and added a bedroom in the unit I'm living in. As you can imagine, there were substantial qualitative and quantitative errors in the report.


Just to give a little more background on the property, I purchased the property using a 203k renovation loan for $400k of which the sellers received $242. The building was built by the former code enforcer of the city and is in great condition. The catch (why it sat on the market for 4 years) was that the building needed to be retrofitted with a sprinkler system to be brought up to code. The former owner constructed the 7 unit complex by himself and never felt the need to get any permits (he was the code enforcer and furthermore, the Mayor was and still is living here). The property had several offers when it was listed for $575k back in 2009 prior to any knowledge of the required upgrades. Needless to say, those offers fell through when they realized the sprinkler system would cost $125k+. Furthermore, the non-conforming variance was only for 3 units so the majority of the building couldn't legally be rented. 4 years later the family sells it to me at a very undervalued price because of the associated risks. I made all the necessary upgrades as well as some other upgrades I discussed above and most importantly, I got a lawyer and went in front of the board of adjustment and had the variance extended to 8 units (I'm in the process of splitting my 4000 sqft unit). There was no guarantee that the board would approve my variance and was the single biggest risk of purchasing this property (ie where I gained the most value, 4 additional units). My first appraisal was for a 3 unit to 4 unit conversion and came in at $460k. I gave this appraisal to this appraisal company, but they didn't look at it (by their own admission) and appraised my property for $420k (I was seeking $700k)!


3 and 4 unit multi-family properties are classified as "residential" properties and are financed differently and appraised differently than 5+ units, which are classified as "commercial". The financing terms are much different for 5+ units and the buyers are different. If I'm appraising a 5-unit multi-family I will normally use properties with 5-8 units if I can find enough of them and failing that even go to 10 or 12 units. But under NO CIRCUMSTANCES will I cross over into using 3 and 4 unit properties - that's how big the divide in my region between the two property types.




So yes, it's possible and has actually been common (in my region, anyway) for 6 and 7 unit properties to appraise for about the same or even a little less than the 3 and 4 unit properties of comparable size.



Now for the errors:

Quantitative

1. In the Cap rate analysis section, "We have reconciled an 8.75% capitalization rate from the Band of Investment and Debt Coverage Ratio analysis."

Band of Investment: 8.67%
Debt Coverage Ratio: 8.20%

How can an average be greater than the 2 numbers you put in?


The term "reconciled" does not refer to averaging nor do those two numbers represent the upper or lower limits to their opinion. The way you describe the property it appears to be an odd design that will have a very different level of appeal to an income-oriented investor than to someone occupying part of it as an owner-user. Simply put, buyers buy these properties for their cash flow, and bedroom count being equal, a unit that's 100% larger in size will basically never return 100% more rent.

When I reconcile for capitalization rates I generally to to the nearest .25%, so I'd never reconcile to 8.6%, if that's what you were looking for. Besides, the effect on value of rounding up on a property returning somewheres around $37,000 is negligible. If (for example) the property appraised at $420k based on an 8.75% cap rate then backing it down to 8.5% would have only netted $432k. I'm fairly confident that wouldn't have made you any happier.


Conversely, in order for this property to appraise at $700k using an 8.5% cap rate it would have to be generating almost $60,000 in net income. You didn't say, but reading between the lines I'd guess this property isn't coming anywhere near that kind of income.

And THAT is the real reason this bank isn't going to give you the loan you want - not enough net income. Nobody cares how much you bought the property for, how much it appraised for last time or how much money you put into the project. the fact that you engaged in a really risky transaction doesn't figure into the current value the way it sits today. Cost does not equal value. With a 5+ unit apartment property what matters in the potential for net income. Income investors don't get involved with the touchy-feely emotional appeal of home ownership that's present in the 1-4 sales transactions.





2. On the comp comparison section they used the wrong square footage and deducted 5% from 3/4 comps. There is a 2500 sqft poach that wraps around 2 sides of the building. Earlier in their report, they correctly estimated the habitable living space as 8665sqft, but for some reason they chose to use the what's on the public record (which included the porch) instead of what they calculated when comparing comps.


3. In the same section, the occupancy rate of the 2/4 comps
is impossible. They stated an occupancy of 95% for a 6 and 16 unit building which doesn't work out to a whole unit even if you prorate down to the day. This figure appears to be entirely made up and 5% was knocked off for this. The other 2 comps make sense though, 100% occupancy and 87% for the other (7/8 units filled). Given how much they took off for just 1 unit vacant, then if these properties were indeed lower than 95% occupancy, then it would have greatly affected the per unit price.


I can't quite tell but it appears you're referring to the income streams being reported for these comparables, most likely by their respective brokers or buyers. If so, you should be aware that the vacancy percentage does not necessarily reflect the actual occupancy at any given time. It reflects the estimated average annual income loss attributable to vacancy and collections over the lifespan of the investment. So if an investor is planning on holding for 5 or 7 or 10 years they'll want to account for the accrued losses in income attributable to vacancy, tenant churn, taken off line for remodeling, etc. So a 5% annual vacancy rate means that over 10 years they'll lose 5% of their potential gross income.

That's a very necessary consideration to make in an analysis, one the appraiser would have been criticized for had they omitted it.



4. Improperly assessing the rental value of my unit. They said since it was a 2BR 2.1BA it would only rent for $900/month which is reasonable for a typical apt of that size. However, my unit is the original house and is 4320 sqft (50% of all the habitable space) with it's own separate entrance, the only covered parking in the building and sole access to 2000/2500sqft of the poach (everything except where I keep the garbage cans). Furthermore, I was in the process of completing the 3rd bedroom when they came through and it was completed between when they saw it and when the appraisal was filed. I thought they would have counted it towards my unit, but they chose not to or just completely forgot. The appraiser didn't even have a notepad, he was just jotting things down randomly on the back/side/margins of some of the paperwork he brought. I remember talking to my wife about it and was worried they were missing things bc everything he wrote down was out of order. Bottom line is that $900/month is absurd for a space that size with the additional amenities. My argument was that the rent rate should be comparable to a single family home of that size bc there is no interaction with other tenants (separate entrance/parking/trash) and that that was the structures original intended purpose.


This is where we get back to the distinction between a residential buyer vs a savvy investor. You see a 4300 sf unit but most investors will see a 2bd/2ba unit with some extra size that will require additional maintenance and repair. If $900/month in rent is reasonable in that area for a 900sf unit then the additional 3100 + sf probably won't even come close to doubling the rent. And no, the comps for this unit are not detached homes with their own yards and garages and separation between their closest neighborhoods. The comps are other multi-family units with larger sizes.

In my region there's a huge difference in rents between a 900sf house on it's own lot vs a 900sf unit in a 6 or 10 unit apartment project. Really, there's no comparison around here. It could be way different in your area but I sincerely doubt it.





Qualitative

1. I know these are much harder to dispute which is why I'm not relying on these to stick if I take them to court. Location I thought should be upgraded from average to good when comparing my property to the comps. The 3 main reasons were crime rate (taken from trulia), school rating (taken from trulia), and the fact that the small local airport just over a mile away started doing commercial flights within the last year. One of my tenant chose my property specifically for close access to the airport. Other factors like access to public transit, major roads, banks, shopping, and grocery stores were comparable or better than the 4 comps. Furthermore my property is unique (excluding comp #1, see below) because it's the only apartment building in a small, quite neighborhood surrounded by single family homes. Most of my tenants moved to my property from the major city 10 minutes away because they wanted the suburban lifestyle, but still wanted to be close to the city. I asked the appraisers about this specifically and they said they could account for this in their report (they didn't).

Only apartment property in a single family neighborhood indicates to a property use that is not in harmony with it's immediate environment. It's another indication that this was a speculative venture to begin with. It also indicates to why the appraiser didn't want to get real agressive with the valuation.


2. Comp #1 was mostly wrong. What they didn't know is that I put 2 offers on Comp #1 and that is how I met my real estate agent. Having intimate knowledge of this property, the condition needed to be lowered from good to average or maybe even poor. There was a mysterious water leak in the basement and a major crack in the basement wall. Also, only half the units were in good condition and were obviously the ones who's pictures made it into the listing. Furthermore, crime is substantially higher in that neighborhood and is surrounded by lower quality single family homes (the one across the street is abandoned).


As I'm sure you can tell, this is a very very poor appraisal. After looking at the companies website it seems like a very small portion of their business involves mulit-family dwellings and under multi-family dwellings all it says is they specialize in 50-1000+ units. After looking at the scrolling pictures of past properties they've appraised, most are large apartment complexes or housing developments. There isn't any pics of anything that remotely resembles the scale of my building. It appears they decided the $242k out of the $400k that I gave the sellers represented the fair market value and went from there instead of looking at the appraisal I gave them for $460k or the listing history or even the original agreement of sale. I know I didn't lose $40k by adding 3 rentable units, bringing the building up to code, splitting the electric, renovating a unit, and adding a bedroom. I even got a letter from a big investment firm wanting to buy the property now that I did all the leg work getting a variance and bringing it up to code. Any advice on how I can get back the $3000 I spent on this horrible appraisal would be greatly appreciated. What should my next step be? Should I ask for a refund directly from the appraiser first? I shared every point I made here with the bank, but I don't know if the appraiser is aware of all the mistakes.

You could be 100% right about these errors and the effect might still not be sufficient to significantly increase the valuation. As I was saying, if (it appears) this property was appraised for $420k off an 8.75% cap rate then that indicates to less than $37,000 in projected net income when including the market rents (underestimated though they may be) from your unit and any current vacancies you may have. If the combined vacancy/expenses for the property amount to 40% then that indicates to an estimated gross income of less than $60,000.

If the rent for your unit was estimated at only $900/month for 2bd that amounts to $10,800/yr. Even if an appraiser could justify doubling the rent for your unit (which I probably would never do), that only adds that much more to the gross.

Conversely, if your unit was estimated at $900/month and the gross was estimated at (for example) ~$60,000 then that means the other 6 units are only generating ~$49k per year between them, which averages out to $680/month per unit. If so I guess were talking about at least some of them being 1bd or studio units that don't have as much rent potential as does a 2bd unit., All units are not created equal, which is why appraisers know better than to pay a lot of attention to price/unit indicators.

In my opinion, you paid for a competent appraisal and deserve to get a competent appraisal. So I'd demand the bank to have the appraiser correct any factual errors.


Hopefully you'll be able to get these problems resolved.

By the way and just so you know, Loopnet currently shows 4 active listings for 5-9 unit apartment properties in Delaware, not one of which is priced higher than $500,000 as the *asking* price. The lowest cap rate among them is 8.5%. If your 7-unit property (apparently including some 1bd units) was appraised at $420k it would fit right in that range.

That's not to say any of them are comparables to your property but if I'm reviewing this appraisal report from out of town one question that comes to mind is the possibility that maybe this appraiser gave you the benefit of the doubt and overappraised your property.
 
Find a bank that is not chicken **** sounds like a plan. If that was my bank, I'd be gone. :shrug:
Agreed, I'm glad I don't bank there. They are a smaller local bank, not one of the big nation wide banks that can handle the risk.
 
In my opinion, you paid for a competent appraisal and deserve to get a competent appraisal. So I'd demand the bank to have the appraiser correct any factual errors.


Hopefully you'll be able to get these problems resolved.

By the way and just so you know, Loopnet currently shows 4 active listings for 5-9 unit apartment properties in Delaware, not one of which is priced higher than $500,000 as the *asking* price. The lowest cap rate among them is 8.5%. If your 7-unit property (apparently including some 1bd units) was appraised at $420k it would fit right in that range.

That's not to say any of them are comparables to your property but if I'm reviewing this appraisal report from out of town one question that comes to mind is the possibility that maybe this appraiser gave you the benefit of the doubt and overappraised your property.
I think that may be my best course of action. If I can get the appraiser to fix his mathematical errors then I'd be happy with the appraisal. I don't attempt to refute any other perceived errors other than the quantitative ones.

The 4 comps they used ran from $53,000-$103,000 per unit with an average of $72,786 which is over $10,000 more than what they said my property was worth. The cap rate varied from 6.3%-13.5% for the 4 comps. "The average cap rate for the mid atlantic region for apartment real estate for fourth quarter 2013 was 5.77%" according to PWC real estate investor surveys (quote from appraisal).

Even if you think they did overappraise my property, they should still be accountable for their math errors.
 
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