Undue influence from realtor

[Webbed Feet]

<....... snip.......> I would think that being an AQB instructor that you would understand this.
<......snip.....>

Go ahead and pick this reply apart.
Thanks.

Mr. Fierek,

Ok, I will! .. .. But I'll be gentle.

You are hollaring at the wrong person here. There is no reason a USPAP instructor, by virtue of being a USPAP instructor, should have any knowledge or background in such matters.

It is good you have not named any party in your posts, because you are in fact violating the same type of laws the real estate people probably did themselves if you had of named names.

Personally, I think if you wanted to declare war, and it seems you have, I would have played my cards in the opening battles much differently than you have. It was your choice. I would have held off on those complaints and obtained some professional legal advice myself. After I was properly armed with WMD there would have been a sit down with a few people about their actions. Relying on public agencies to do one's fighting for one is not always the best or wisest choice to make. And if we do use public agencies for that, it is much better to have all the cards stacked and ready to go first so the public agency has meat to sink its teeth into.

So I don't blame you, but based only on what I know and suspect from your postings I would be playing the game differently.

Webbed.

 

[Gary Schinagel]

Wow I am also a Real Estate Broker and Mortgage Broker and do not understand the effort put into creating more problems when you can be creating solutions. Lawsuits are a waste of time and you will end up with cola on your nose. The Realtors have every right to refer quality people all along the way. ITS THEIR Job to smooth things through closing. Let them be the bad Guys if what you say is true then there carreers will be limited and there influence also. Take the opportunity to show professionalism from a compassionate standpoint especially with the BANK. Also I encourage at least a open ended NO BRIDGE BURNING. Direct point of view conversation with these Realtors and their Broker. THEN FORGET IT. If growing good business is what you desire then the Bank will want to come back to someone they can talk to and has shown true impartiality. The realtors are going to burn bridges and maybe you may even get them back under YOUR professional and polite terms.
Is your report beyond reproach? I can tell you we are held to a higher standard then about any other profession when it comes to a review unless you are on the Board or reveered in the community NOBODYS report is perfect. You could easily find yourself taking an additional class with no credit. Let it ride, dont burn bridges and for petes sake stay out of negative limelight!
Best of Luckm2:

 

[Timothy Fierek]

Webbed,

I do appreciate your response. You are probably correct in that I may have jumped the gun a little bit in filing the complaints, but I do believe that I have all of my information in order. I have been documenting information for the last 3 years since these issues began. I have contacted the NAR who referred me to the local Realtors Association, that indicated all I could do with them is file an ethics complaint.
I too am wary of letting this play out with the powers that be, dept of regs, attorney general, datcp, etc., but am hoping that it brings light and some public awareness of what is going on. If push comes to shove my attorney will file suit against those making baseless claims against my company and myself. At this point I chose the route of the state institutions as I really cannot afford what it will take my attorney to fight this.

 

[Non Sequitur]

The Realtors have every right to refer quality people all along the way.

They DO NOT have a "right" to pick the appraiser. And neither does the borrower, seller or LO/MB.

The OP is a perfect example of why the lending industry is in a trillion dollar mess and some of the posts remind of why the appraisal process is in dire need of reform.

 

[Mike Garrett RAA]

Ok guys,

I made up a great post and it some how got deleted.

I am not trying to pick anything apart...just stating facts of life. Granted, the system is flawed but it is what it is and until it gets changed we are at the bottom of the food chain.

Who has the clout? A billion dollar corporation doing business as a mortgage company, broker, or bank? A national organization of more than 2 million real estate agents? How about an appraiser, of which there are about 120,000 nation wide, who makes the smallest piece of the pie in a residential real estate transaction?

Until there is a major change we will always be under pressure. Learn to live with it. If you can't you will join the ranks of those who are "former" appraisers. Like it or not, it's reality. It's business...just ask GM, Ford, or Chrysler. Ask the mom and pop store owner. Ask Apple or Dell.

 

[Gary Schinagel]

Now that you have started the ball rolling its still not to late to stay on the high road. Think of it as business. In business your time is worth @ least 50 per hour? Do you want to spend time/money on a dead horse. I have a close friend that does audits for the treasury dept. Believe me there is no more shaking then what is going on way beyond YOU. So I encourage you to take the time to cultivate your PROFESSIONAL, empathetic approach to the Banks and again dont worry about those realtors. What you want the Banker to think of is that YOU are right AND send you GOOD business. NOBODY wants to deal with someone who is aggressive. Let the realtors talk and show their unprofessionalism. You want the Banker's to think of you as someone they can talk to but also with high standards. That attitude goes along way because we cannot please everybody. BUT IN BUSINESS its better to be approachable. The Banker's accounts that count will notice and then you are not spending your time/money on negative issues that just keep getting worse. If your goal is to get back at them then do it with POLITENESS and the Bonuses are more sleep and making more money. What business image do you have for yourself thats way more important. THE FEDS ARE ALREADY THERE. Just make sure your report is tight.
Everything will be okay!

 

[Timothy Fierek]

I definitely am not focusing on the negative. I am not taking anything out on my clients. They viewed the calls from the realtors as attempts to interfere with their loan process. I explained my side of the sitation with my clients and informed them that I would be taking action against these realtors. The negative limelight is definitely on the realtors, and not myself or my business.
Now I will let the powers that be do their job and see where this goes. Both of my clients indicated that this is not going to negatively affect my business relationship with them.

 

[Gary Schinagel]

Is there a case for undue influence from realtors if they call my clients (lenders) and slander my company for not hitting value, and then argue with the lender and try to persuade them to reconsider the value and appraisal with no evidence or support of a higher value?
Is there a case for undue influence if a realtor calls my client before I even view a property and tell my client that there will be an issue with value if myself or my firm does the appraisal?

But it will indirectly they will think of you as someone not to mess/deal possibly not trust exactly unless things are just right(they have your report and are already restricted to that value you have done your part).Its already so open in the public right now. I just think you need to weigh what will happen with the formal complaints vs Just being and showing your unflappability in the face of pressure. Believe me thats what they are looking for. The bottom line is nothing will happen to the realtors there is so much more that the realestate profession is trying to police because its one of the most abused professions with only 1 out of 7 maybe in the business for more than 3 years. This issue is really a Financing institution loan app that was handled already. Im assuming the loan did not go through or there would need to be a review appraisal and also possible renegotiation of the contract. The Bank appears to already trust YOUR WORK. If they have a policy for hiring made to order appraisals for deals that did not go through that will come back in real estate owned. Then they will be calling you AGAIN. You have already won you just dont know it.I am possibly sending these darn mails improperly. Really I am having a hard time just focusing these myopic eyes. But this is the first time I have a chance to check this forum out and I am absolutely sure I do not know what I am doing navigating around . Vacation has let me a little free time though and I find myself working remotely. Any way your right about people not bad mouthing each other ITS JUST NOT RIGHT. There is a rule that I think should be ahead of the GOLDEN RULE. "TREAT YOURSELF GOOD" If you are bad to yourself then I guess you have permission to be bad to others. Im glad your keeping an eye on the profession. You have already won! Dont scare them away and burn bridges now and in the future too! You are obviously an appraiser that has high morals for your work. Thats a good thing!

 

[jeanwillick]

I agree with Timothy--go get those bad boys!!!

The reason Realtors and others are able to push us around is because we all sit silently.

We had a similar agent in our area who had our appraisal order cancelled and ordered from her favorite number hitter. My husband called her and let her know if no uncertain terms that if she ever pulled it again, she would see him in court.

She was the listing agent on a co-broke and actually called the selling agent's buyer/borrower and asked him who he was financing with and then called his lender to have our order cancelled and use her favorite number hitter (I won't call him an appraiser).

Needless to say, it NEVER happened again. All that is required for them to continue this type of behavior is for appraisers to ignore it and just like a spoiled child, they will continue as it gets them the results they want. When they find out there are consequences to their actions, they WILL stop messing with you. They are driven by greed and not ethics. You cannot deal with a greedy person by being a pacifist.

 

[rescom]

Is there a case for undue influence from realtors if they call my clients (lenders) and slander my company for not hitting value, and then argue with the lender and try to persuade them to reconsider the value and appraisal with no evidence or support of a higher value?
Is there a case for undue influence if a realtor calls my client before I even view a property and tell my client that there will be an issue with value if myself or my firm does the appraisal?

Sue them for libel. Just getting served will make them think twice before doing that again!