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Real Estate Agent Steps Over The Line

Non Sequitur

Elite Member
Supporting Member
Joined
Feb 14, 2002
Professional Status
Certified Residential Appraiser
State
Louisiana
"A North Carolina real estate agent says she bans appraisers who are also licensed agents from her listings to avoid “conflicts of interest,” but dual licensing is legal, and it’s federal law that the lender, not the listing agent, picks the appraiser."

 
Silly Realtor. (Perpexity)

"Under Dodd-Frank’s appraisal-independence rules, the main federal punishment is a civil money penalty of up to $10,000 per day for each day the violation continues, and up to $20,000 per day for subsequent violations. The law also says a creditor who knows of a violation before loan consummation generally cannot extend credit based on that appraisal unless it documents reasonable diligence that the appraisal does not materially misstate value.[uscode.house +2]

What counts as a violation
The prohibited conduct includes coercing, extorting, colluding with, instructing, bribing, or intimidating an appraiser, or materially misrepresenting the appraised value to secure the loan. At the same time, the law allows normal communications such as asking for more information, additional comparables, or correction of errors.[journal.firsttuesday +2]

Who can be penalized
The statute applies broadly to “each person” who violates the appraisal-independence section, and the Federal Reserve/CFPB enforcement framework can impose the penalty. State appraiser licensing agencies can also become involved if the conduct suggests USPAP or licensing violations.[law.cornell +2]

Practical takeaway
So if a real estate agent interferes with appraiser independence, the federal exposure is not a fixed one-time fine; it is typically a per-day civil penalty, plus possible lender restrictions and state disciplinary action."
 
Those appraiser/brokers make have a claim of tortious interference against that agent.

​

 
I suspect her 'bias' is that she doesn't want competition.
As an agent for 49 years, and certified appraiser for 21 years, my take on it is that those 2 hats cannot be worn simultaneously for the same transaction. Interfering with an agent's agency is a no-no. An agent interfering with an appraiser's evaluation of the property, market, condition etc is a different no-no. Both are big no-no's. Stay in your lane for the job you are doing. OTOH, an agent interfering in the selection of an appraiser for their own benefit is likely actionable.
 
Simple restraint of trade?

OP: "real estate agent says she bans appraisers who are also licensed agents "
 
Simple restraint of trade?

OP: "real estate agent says she bans appraisers who are also licensed agents "
Yep.

There’s an appraiser in her market looking up her transactions, and with the national attention this is getting I’m sure we’ll hear from an appraiser or two if she didn’t just make up the content for TikTok clicks.
 
It sounds like to me, her main beef is that she doesn't like the marketing of the real estate agents who are also appraisers.

Her quote: "most of their marketing talks about how their listings get 99% list to close ratio versus the average listing in the area only getting 95%".

That tells me that the real estate agent / appraiser marketing is working and she's not getting the listings.....the appraiser/agents are.

The agent/appraisers are doing what they do best and providing an analysis on the subject to be and are pricing it correctly is all that it is. Due to the competition in my area, some agents have to "over promise" to get the listing..... then they subsequently have to do price reductions. That may be what she is doing and has a 95% list to close ratio record.

Where this agent goes a foul is making the accusation that the appraiser/agent is purposely appraising properties in the area low to bolster their own stats.

Now, if she would have followed up her Karen like speech with "evidence" that this was happening, she might have had something here.
 
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