Overimprovement
Senior Member
- Joined
- May 31, 2017
- Professional Status
- Certified Residential Appraiser
- State
- Kentucky
Really? I see many sales contracts with an appraisal clause if appraisal is below SC price borrower is released from the deal /similar terms. Seems you are the one lying then...since many borrowers do not want to over pay for a house and end up with negative equity.
Actually the reason this clause is in most contracts is that if the house does not appraise, the buyer does not have the funds to make up the difference, so if this clause was NOT in there, the buyer would still be legally obligated to purchase the house.
Now IF there is a financing clause in there as well, with a specified loan amount, the appraisal contingency can be redundant, but various stakeholders through the years have kept the appraisal clause in there. Why? It gives the buyer one more out if the wind changes direction between signature and closing. It is extremely difficult to win a specific performance suit on a real estate purchase contract. The seller is much more legally bound to perform than the buyer. Been that way a while...
I don't think its because the borrower cares if the house is over-valued or not. I have been in lending for many years in addition to appraising. Borrower just wants the loan to close. Borrower does not create the purchase contract anyway, typically they are created and/or endorsed by the state realtor's board (around here anyway). The 'handmade' purchase contracts I see rarely if ever have appraisal, or financing contingencies in them.