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Put wrong photo in report.

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WadeKoutnik

Sophomore Member
Joined
Feb 27, 2007
Professional Status
Certified Residential Appraiser
State
Florida
Somehow the wrong photo ended up in the Subject Front photo in my report. Borrower's loan didn't close and she paid half of the appraisal fee upfront. She wants me to refund her the $200 because it was "my fault" that the loan didnt close. (BTW the photo is of a house nearly identical to hers, I guess I somehow dragged one of the photos of a comp that I didn't use in there). I admit that I am at fault here and agree to refund the fee. However, she mentioned that the lender said if I would not refund her that she should report me to the state appraisal board.

I don't need this grief for a simple error. Yes it was careless of me (I know already). Should I type up something for her to sign saying that upon receipt of the refund she agrees to not report me to the board? If so, what would be the proper verbage to use for this?
 

jeanwillick

Junior Member
Joined
Jun 2, 2003
Professional Status
Licensed Appraiser
State
Michigan
According to USPAP, I believe you are also required to correct your report ASAP.

If, in fact, the loan didn't close due to the photo, you should refund her fee. If, in fact, it didn't close due to some other cause, you should keep your fee.

A call to the Client would most likely shed more light on this.

If you return the fee, DO NOT have her sign something stating she won't turn you into the board. Blackmail is illegal. It also makes you sound very guilty.

We all make mistakes and you must simply correct yours. Returning the fee is a personal business judgment. Is this a client you get a lot of work from and would like to keep a good rapport with?
 

Mountain Man

Elite Member
Joined
Jan 15, 2002
Professional Status
Certified General Appraiser
State
Georgia
She didn't lose the deal over a photo... that's just a ploy to get you to cave in. I'd correct it, send it to my client, and quit discussing ANYTHING with the non-client party! It takes back bone to be in this biz... and you just admitted to more liability than a $200 fee.
 

WadeKoutnik

Sophomore Member
Joined
Feb 27, 2007
Professional Status
Certified Residential Appraiser
State
Florida
It was not the photo that caused the loan not to close. This misplaced photo was not noticed until after the loan did not close and the appraisal was faxed to her. Also, it isn't like the photo was of an inferior home. It was basically the same exact house but had some different landscaping.

It is not the correct photo, so there is no reason to not admit guilt because it is quite obvious. I am pretty set on refunding her the fee and forgetting about it. I just don't want something to come up later because of her being bitter about not getting her loan.
 

Marcia Langley

Senior Member
Joined
Aug 26, 2005
Professional Status
Certified Residential Appraiser
State
Missouri
Agree the corrected report must be delivered quickly, as soon as you learn of your mistake.

I'd not have her sign anything. Such a thing wouldn't be worth much.

Whether to refund is up to you, depending on how you feel about it. But your only protection if a complaint is made is if the correction is timely.

=

You could probably demonstrate that your conclusions were not affected by the simple error and that there was no intent to mislead. It's very possible that you could demonstrate that the error had nothing to do with her failure to get a loan. I just don't see you being in much jeopardy here unless you fail to send the correction to the client.
 

Judy Whitehead (Florida)

Senior Member
Joined
Jan 20, 2002
Professional Status
Certified Residential Appraiser
State
Florida
I agree that I don't think one incorrect photo was the reason she didn't get her loan. By all means, correct the photo, call the lender and tell them what happened, and also tell them what the homeowner said and ask if it was correct. Of course send them the corrected report.
 

athome77

Member
Joined
Apr 1, 2008
Professional Status
Certified Residential Appraiser
State
Illinois
Addend the report describing the error, forward it to the client and move on. No need for refunds or releases over a clerical error.
 

Oh No Not Him

Member
Joined
Jun 21, 2006
Professional Status
Certified Residential Appraiser
State
Maine
I wouldnt refund the fee either....at some point we need to stick to our guns...make any needed corrections & document these.

I dont know about y'all, but people who think they can just say state appraisal board & get what they want really p$%^ me off. Heard that from some guy on a divorce job I did (didnt like the value, surprise!) So I told him to go ahead & even gave him the address...of course nothing was ever sent to them...just my point.
 

Caterina Platt

Senior Member
Joined
Jan 17, 2002
Professional Status
Certified Residential Appraiser
State
New Mexico
(BTW the photo is of a house nearly identical to hers, I guess I somehow dragged one of the photos of a comp that I didn't use in there). I admit that I am at fault here and agree to refund the fee. However, she mentioned that the lender said if I would not refund her that she should report me to the state appraisal board.

Wade,

I'm afraid you're being sold a bill of goods here. First of all, if the photo was of a home nearly identical to hers, explain to me how this was a detriment to her loan process? How is this a fee refundable item? If you had a picture of a singlewide on it's last leg, sure I can buy that. Your situation doesn't seem to wash as to the reason her loan was denied.

Second, are you using Alamode? I too have noticed this problem. I click and drag one picture, and it sets a different photo.

Finally, this is a petty issue for a state board. They'd likely dismiss it in a heartbeat. Were you given the opportunity to correct the error (basically equivalent to a typo)?
 

WadeKoutnik

Sophomore Member
Joined
Feb 27, 2007
Professional Status
Certified Residential Appraiser
State
Florida
[q
uote=Caterina Platt;1611475]Wade,

I'm afraid you're being sold a bill of goods here. First of all, if the photo was of a home nearly identical to hers, explain to me how this was a detriment to her loan process? How is this a fee refundable item? If you had a picture of a singlewide on it's last leg, sure I can buy that. Your situation doesn't seem to wash as to the reason her loan was denied.

Second, are you using Alamode? I too have noticed this problem. I click and drag one picture, and it sets a different photo.

Finally, this is a petty issue for a state board. They'd likely dismiss it in a heartbeat. Were you given the opportunity to correct the error (basically equivalent to a typo)?[/quote]


Yes alamode. I have noticed it too.

This was done several months ago. She is no longer trying to refinance because the rates are now higher, so I am not sure what a correctedport will do. Should I just tell her to shove it and send her a corrected report?
 
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