Stair Railings - Safety Concern?

[Zoe]

I am wrong, local code told me more than 32 inches or something similar. My brother in law bought a lake house and had no railing on like a 40 ft drop off of the screened deck on the back with no railing. I told him he needed to get railing up there quick. He did.

 

[Tom4value]

Even for conventional lending where the client wants it " as is", the appraiser still has an obligation to report health and safety issues and make those and only those issues subject to repair or inspection.

It really irks me when appraisers ask, “is it FHA or conventional?”

Safety concerts are ALWAYS an issue! If a person gets hurt from a safety issue, attorneys don’t ask, “FHA or Conventional?”

 

[sputnam]

Even for conventional lending where the client wants it " as is", the appraiser still has an obligation to report health and safety issues and make those and only those issues subject to repair or inspection.

Already said that.

 

[sputnam]

It really irks me when appraisers ask, “is it FHA or conventional?”

Safety concerts are ALWAYS an issue! If a person gets hurt from a safety issue, attorneys don’t ask, “FHA or Conventional?”

That's not the issue the OP raised. Of course, it's a safety issue. The question is whether the appraisal is made as is with the issues disclosed in the report... or... the appraisal is made subject to remediating the issues. In both, the appraiser has an obligation to report the problem. Whether it's reported and the appraisal requires that it be fixed to acheive the stated value or it's reported and the value is made as is.... is up to the Client.

 

[Zoe]

That's not the issue the OP raised. Of course, it's a safety issue. The question is whether the appraisal is made as is with the issues disclosed in the report... or... the appraisal is made subject to remediating the issues. In both, the appraiser has an obligation to report the problem. Whether it's reported and the appraisal requires that it be fixed to acheive the stated value or it's reported and the value is made as is.... is up to the Client.

But I can do it "subject to" in order to CYA (or you might say cover my azz). And client can do as they wish to with my appraisal.

The client can say don't worry about it if they want to. That is not my problem.

That becomes my client's problem.

Liquidation assignment would be totally different on my end. I would have to give "as is" on liquidation assignment.

Did the original engagement include both "As Is" and "subject to"?

 

[sputnam]

But I can do it "subject to" in order to CYA (or you might say cover my azz). And client can do as they wish to with my appraisal.

The client can say don't worry about it if they want to. That is not my problem.

That becomes my client's problem.

Liquidation assignment would be totally different on my end. I would have to give "as is" on liquidation assignment.

Did the original engagement include both "As Is" and "subject to"?

You provide the value or values that the Client requests. If you know the appraisal is for a HUD or VA loan, and there are safety issues then, you MUST complete the appraisal subject to correction. If the appraisal is for a conventional loan then, you do as the Client instructs. As-Is or Subject to correction or both. Always, you describe the subject property accurately... including any safety issues that you find. The Client can't just 'do as they wish' with your appraisal. If you complete the appraisal subject to correction, and they need As-Is, you are going to be making a revision.

 

[alebrewer]

It really irks me when appraisers ask, “is it FHA or conventional?”

Safety concerts are ALWAYS an issue! If a person gets hurt from a safety issue, attorneys don’t ask, “FHA or Conventional?”

yes, but... you'd agree that there are different inspection, analysis, and reporting requirements betwixt the GSE's and FHA, would you not? I'd agree with you RE the lack of handrail being a safety concern for this scenario - regardless of whether it's being insured or securitized, but for the deck that is 20' long and has 3 steps down (the entire length of the deck), the question of whether it's FHA or GSE becomes relevant doesn't it?

 

[CGinMN]

FHA and the GSEs have a different threshold for safety. FHA speaks to the health and safety of the occupants, whereas the GSEs speak to the safety and structural integrity of the improvements. Freddie even says explicitly in their guide that missing handrails are an example of an acceptable minor repairs, allowing the appraisal to be completed "as is."

 

[Zoe]

You provide the value or values that the Client requests. If you know the appraisal is for a HUD or VA loan, and there are safety issues then, you MUST complete the appraisal subject to correction. If the appraisal is for a conventional loan then, you do as the Client instructs. As-Is or Subject to correction or both. Always, you describe the subject property accurately... including any safety issues that you find. The Client can't just 'do as they wish' with your appraisal. If you complete the appraisal subject to correction, and they need As-Is, you are going to be making a revision.

That would be in engagement letter. I set SOW.

If client wants "as is" vs "subject to", I have no problem with it. However, the fee will change.

 

[Mark K]

Sometimes you need to use common sense.

Photo of my deck without railings. However, there's seating around all sides 16 x 32 deck, except for a couple of stairs. Needs railings behind the seating or not?