• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Realtors Manipulating The Market.

Status
Not open for further replies.
Had the same problem here in Indiana. Called the MLS board and even though it is not illegal to not to reveal that information, the Realtor has the right not to disclose that info until the transaction has closed and then may not disclose that info to the MLS system.
 
Third, make sure you keep a list of the Realtor's who do not cooperate and next time they need something remind them of the cooperation they did not give.

There is no better feeling than pulling up to an inspection and seeing the look on the face of a realtor who was uncooperative in the past.:icon_mrgreen:
 
Our MLS does not disclose seller concessions on advice of legal counsel due to confidentiality concerns. I think a simple check off box on the contract by the seller would allow disclosure and I will try to get that through the forms committee of the Realtors. We should understand confidentiality since it is a part of our work as well. One more burden to bear by our profession.
 
We had an attorney for the board who said members should not provide any sales information to appraisers. He was fired. If I was an appraiser in an area where sales agents refused to provide data, I would start with the local board, then go to the state organization, and then to state licensing board. Next call would be to my congressman and senator.
 
The original poster did mention that his futile efforts were encountered when trying to learn of any concessionary amount that might be (augmenting and) in a posted/recorded transaction price for a COMPARABLE he was considering for an on-going report. I do not think that this was anything to do with "contract review" of an imminent purchase of the subject.

His option to DISregard the use of this good, similar, and appropriate comparable is certainly a viable decision......even when it is so frustrating to have to do so. By all means keep that sale's data in the workfile and be stalwart in rejecting any suggestion by the client that "you missed this one comp, please re-consider it and amend your report" !

I find it appauling that authoritative figures could chastise and sanction an appraiser for what they might call a misleading act.........whereby something like zoning, or occupancy status or the simple presence of an air conditioner unit were not perfectly stated in the report........and yet those same authoritative voices are UNWILLING to make bold comments about the significance and importance of representing property transaction prices in formal databases withOUT enabling any MISrepresentation of those actual prices. It was five years ago, this month, that my state's realty and appraisal boards made a position statement on the issue of price-fact disclosure. I appluad them for that. They should re-announce the same thing again THIS summer ! This time, however, make that a statement as a mandate......and not a suggestion.

I will agree with Mike G. that our local MLS system, its board, and many of its participating members ARE progressively more diligent and conscientious about their entry of information for "concessions, incentives, and sold remarks" within the field content of their listings after the sale has closed. Some even post the prospective offer of a concessionary amount while that listing is still active and not yet under-contract. At least the public, and appraisers, get a measure of heads-up about the motivations of a seller and their property in that market.

I am aghast to learn that so many other MLS boards in many other states willingly promote this element of secrecy and non-disclosure with regard to appraisers being given this piece of information about a historical transaction....after the sale is completed ! I can understand one NOT wanting to divulge such details prior to a closing and while the transaction is still fluid and has the potential of being interrupted. Once the sale is completed.......there should be "rules" which lift these veils of secrecy about the representation of ACTUAL selling price for a property. There is one piece of numeric fact that will be pristine from that day forward. It will be the anchor upon which future interaction for and with that property (mortgage ?) will be based. It will be the ACTUAL and residual selling price of the house+land.....without extra baggage attached that enabled that property's sale to carry forward a differing appearance of puffery, embellishment and......"inflation" that was not warranted. There are millions and millions of database records across the land that should be cleansed, and never will be.

The appraiser's required diligence to inquire about and reveal a concessionary influence upon a "price" should be fulfilled as any other normal development process for a report, and in doing so deserves a "special chapter" within the greater set of Standards that are now re-written every two years. If nothing else it deserves becoming its own Advisory Opinion. I am quite curious to learn how this new AI seminar is evolving during its launch across the country. It is the one about.....declining markets and concessions, etc. Anybody taken that seminar ? Good, bad or indifferent ? Are there any rock-solid conclusions that result from the seminar that the ASB could embrace ? After all, it is the A.I. introducing the seminar ! That must mean something to somebody.

In the meantime, however, the original posting here is just another example of how appraisers continue to face obstacles and road-blocks to acquiring one of the most fundamental pieces of fact while developing a report. We just want to know the ACTUAL selling price of the house+land so that we can make the other simple arithmetic calculations and get on with reaching a realistic opinion of value.

As if the housing, realty, and extremely corrupted mortgage markets don't have enough other stuff to work through during this tumultuous year of 2008....and beyond. Of course, we understand how the AVM'ers and the Zillows of the world could care less about reconciling the true selling price issue that is out there !
 
I think what is going to take in Oregon at least, is for an appraiser who has been busted by the Attorney General for failing to disclose concessions in a report (when the Attorney General claims it is proprietary information and can't be disclosed) to file suit. Maybe then it could be sorted out. Would be interesting to see the AG rule against themselves.
 
No thought given by the USPAP writers whether this information that is required was actually going to be available-lots and lots of other USPAP pie in the sky requirements with similar lack of consideration whether the data could actually be obtained let alone whether when it could be obtained whether it could be verified. USPAP bullshat!!!
 
In San Diego there are an increasing amount of realtors who put the concessions in the confidential remarks section of the MLS after close. Yeah for them!!!! Most Realtors here share that information during interview. That is my experience. I spent many years in sales, not just RE sales. I've learned that there are ways to butter them up before you slip in the big questions. Butter up.... question, butter up.....question etc.
 
There ought to be a law requiring them to disclose this info!

I don't recall seeing you at any of the board meetings during the past few years. If you had attended, you would know what went on and what is presently taking place.

Oregon Doug
 
Donn,

I am a RE Broker and Certified Appraiser. Just as appraisers have a "confidentiality" requirement, so too do RE Brokers. They have a fiduciary to their Sellers and Buyers (if they are a Buyer Broker). They can easily get sued and lose their license if they violate it.
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Back
Top