• 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.

Reporting Safety concerns for conventional appraisals

Status
Not open for further replies.

Raymond Kessler Jr.

Freshman Member
Joined
Sep 25, 2006
Professional Status
Certified Residential Appraiser
State
Maryland
Is an appraiser resonsible for reporting safety concerns in the report for a conventional appraisal? Example: an areaway with approximately 8 to 10 steps has no guardrail at the open side of the areaway and a person could easily fall into the open area.

I completed an appraisal noting this concern as a repair item, but completed the report "AS IS". The borrower is questioning that this is not something that the appraiser is responsible for reporting.

Any confirmation would be appreciated! Thanks
 
4. What is expected with regard to the appraiser’s inspection of a property?
Fannie Mae’s expectation of the appraiser’s property inspection for an appraisal based on an interior and exterior inspection is a complete visual inspection of the accessible areas of the property. The appraiser is responsible for noting in his or her report any adverse conditions (such as, but not limited to, needed repairs; deterioration; the presence of hazardous wastes, toxic substances, or adverse environmental conditions; etc.) that were apparent during the inspection of the property or that he or she became aware of during the research involved in performing the appraisal.
The appraiser is expected to consider and describe the overall quality and condition of the property and identify items that require immediate repair as well as items where maintenance may have been deferred, which may or may not require immediate repair. On the other hand, an appraiser is not
responsible for hidden or unapparent conditions. In addition, we do not consider the appraiser to be an expert in all fields, such as environmental hazards. In situations where an adverse property condition may be observed by the appraiser but the appraiser may not be qualified to decide whether
that condition requires immediate repair (such as the presence of mold, an active roof leak, settlement in the foundation, etc.), the property must be appraised subject to an inspection by a qualified professional. In such cases, the lender may need to ask the appraiser to update his or her appraisal based on the results of the inspection, in which case the appraiser would incorporate the results of the inspection and measure the impact, if any, on his or her final opinion of market value.
5. In what situations should a property be appraised “as-is” versus “as-repaired”?
Fannie Mae permits an appraisal to be based on the “as-is” condition of the property as long as any minor conditions, such as deferred maintenance, do not affect the livability, soundness, or structural integrity of the property, and the appraiser’s opinion of value reflects the existence of these conditions. Minor conditions and deferred maintenance include worn floor finishes or carpet, minor plumbing leaks, holes in window screens, or cracked window glass. Minor conditions and deferred maintenance typically are due to normal wear and tear from the aging process and the occupancy of the property. Such conditions generally do not rise to the level of a “required repair.” Nevertheless, they must be reported. The appraiser must identify physical deficiencies that could affect the soundness, structural integrity,
or livability of the property as part of his or her description of the physical condition of the property. These may include cracks or settlement in the foundation, water seepage, active roof leaks, curled or cupped roof shingles, inadequate electrical service or plumbing fixtures, etc. In situations where an
adverse property condition may be observed by the appraiser but the appraiser may not be qualified to decide whether that condition requires immediate repair, the property must be appraised subject to
an inspection by a qualified professional. In such cases, the lender must have the property inspected and any material conditions repaired before it delivers the mortgage loan to Fannie Mae. The appraiser may be asked to update his or her appraisal based on the results of the inspection, in which
case the appraiser would incorporate the results of the inspection and measure the impact, if any, on his or her final opinion of market value.
 
It is appropriate to identify a safety concern, such as the one described. There may be a codes issue that, in some jurisdictions, may need to be cured in order for the property to transfer. Why a potential buyer would object to your calling attention to the condition is baffling to me.

I don't understand "noting this condition as a repair item" but reporting the property "as is" - seems inconsistent to me. I does sound as if the potential buyer has been put on notice about a potentially dangerous situation, for which I would think you should be commended.
 
Why is the borrower questrioning this, and who are they communicating this to...the lender, or you directly? The borrower does not get to decide what an appraiser reports on or does not report on.

If you felt it was a safety concern, then it was, in your judgement. Whether or not report should have been subject to them installing a guardrail is a grey area, it is not a required repair such as structurl or roof that affects soundness or integrity, but it is a safey concern and a deficiency, since virtually all staircases have some kind of guardrail or part wall for safety. Imo, you handled it appropriately.
 
This is not the borrower's call. Ignore them.
 
Is an appraiser resonsible for reporting safety concerns in the report for a conventional appraisal? Example: an areaway with approximately 8 to 10 steps has no guardrail at the open side of the areaway and a person could easily fall into the open area.

I completed an appraisal noting this concern as a repair item, but completed the report "AS IS". The borrower is questioning that this is not something that the appraiser is responsible for reporting.

Any confirmation would be appreciated! Thanks

Ray,

I don't recall that being a required condition. However, requirements are minimum standards that do not prevent you from reporting potential concerns.

If you simply noted the deficiency as a potential safety issue, I think it is a reasonable comment.

The lender can make a decision to require it.
 
Why wouldn't you note them?
 
If the condition qualifies as "safety, soundness or structural integrity" the appropriate as-is condition rating under the UAD is C6.
 
I would report it as a code violation, which it almost certainly is, rather than as my personal opinion. You can say it's a "potential" violation and leave it at that, or you can go the extra step and research the applicable city or county codes and state that there's a requirement for safety railing on all porches and stairways exceeding x height from the ground. Usually it's 24 or 36 inches. I've done that many times and never been questioned. The borrower/seller's not happy of course, but it gets fixed before closing.

.
 
Potential safety hazard = potential future (big) lawsuit. CYA.
 
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