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USPAP Question

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Jacqueline Doty

Sophomore Member
Joined
Jun 8, 2004
Professional Status
Banking/Mortgage Industry
State
Maryland
Please be aware......I am not an appraiser. Can any professional appraisers on this forum please answer the questions below?

1) Does USPAP require the appraiser to review the sale price / list price when appraising a home for a purchase transaction? What is the logic? Wouldn't that influence the outcome of the appraisal and go against appraiser independence?

2) Is this also true in other countries? Do any other countries prohibit the appraiser from knowing the sale price when appraising a home for a purchase transaction?

All insights and comments are welcome.

Thanks in advance!
 
The subject's contract should be analyzed to ascertain if the transaction represents market terms. If so, the subject's transaction may be an excellent indicator of market value. If the transaction does not represent market terms, it would likely not be an indicator of market value.

Some people will vehemently deny that the subject's transaction should be a consideration in its valuation. But they can't logically support why the subject's transaction may be pertinent in the valuation of a property not the subject while not being pertinent to the valuation of the subject.

Unfortunately, I'm not an expert on the International Valuation Standards, so I can't speak on its requirements.
 
USPAP requires analysis of any contracts or agreements in effect.

The reason you guys think it is important is spelled out in your selling guides.

And thanks a lot for the question. Now we're going to have to argue with a certain forum member for the next month.
 
I might be wrong, but I don't think she is with the GSEs anymore...
 
The subject's contract should be analyzed to ascertain if the transaction represents market terms. If so, the subject's transaction may be an excellent indicator of market value. If the transaction does not represent market terms, it would likely not be an indicator of market value.

Some people will vehemently deny that the subject's transaction should be a consideration in its valuation. But they can't logically support why the subject's transaction may be pertinent in the valuation of a property not the subject while not being pertinent to the valuation of the subject.

Unfortunately, I'm not an expert on the International Valuation Standards, so I can't speak on its requirements.

Ken is exactly right. The purchase agreement/sales contract tells us a lot more than just a sales price. It also tells us if it is an arms length sale, i.e., not a sale where there is a bias or interest shared by the parties such as being family members, business associates, or close personal friends. That is not perfect but it is a beginning point as some of those mentioned may have an undue influence over one another. Also, it tells us the terms, which must be legal to the extent that the appraiser has knowledge to ascertain that information. And, it tells us what is included such as real property and real estate.

1. Real Property......The rights to real estate
2. Real Estate.......the concept of the physical location, it's boundaries, it's attachments, and how far below and above the surface of the earth that extends.

It provides the appraiser the opportunity to analyze whether or not it is consistent with market factors based on property type, location, amenities, and market reaction to those factors.

I do know that in most(very few) countries I have become familiar with, this information is provided to the appraiser or whatever they are called in their country.

And, it is required by the Uniform Standards or Professional Appraisal Practice (USPAP) that we analyze such a contract if it is available and explain what steps we took to secure it, if it is not available.


Next question?...................................:shrug:
 
I deleted irrelevant comments
 
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Heh... I didn't know you left Freddie. I was talking about arguing with the guy who uses a signature about "eliminating the contract bullseye." He's convinced that appraisers cannot be independent and unbiased in this regard.

Here's the Fannie version of contract analysis from B4-1.3-02:


Subject Section

The appraiser must identify the subject property by its complete property address and legal description. The appraiser must enter the physical property address, including the unit number for a condo, in a format that conforms to the United States Postal Service (USPS) address standards in Publication 28 – Postal Addressing Standards (pub28) for complete addresses. Address standards can be found at USPS.com. The subject address must be populated consistently throughout the form.

When the legal description is lengthy, the appraiser may attach the full legal description as an addendum to the appraisal report. The appraiser must also identify the property rights to be appraised. (For eligibility requirements, see B2-3-01, General Property Eligibility.)

Fannie Mae's appraisal report forms require the appraiser to research and identify whether the subject property is currently for sale or if it has been offered for sale in the 12 months prior to the effective date of the appraisal by selecting either the ‘Yes’ or the ‘No’ checkbox. If the answer is ‘No,’ the data source(s) used must be provided. If the answer is ‘Yes,’ the appraiser must report on each occurrence or listing and provide the following information:

offering price(s),

offering date(s), and

data source(s) used.

For example, if the subject property is currently listed for sale and was previously listed eight months ago, the appraiser must report on both offerings.

Note: For appraisals required to be UAD compliant, Days on Market (DOM) must be reported.

See Fannie Mae and Freddie Mac Uniform Appraisal Dataset Specification, Appendix D: Field-Specific Standardization Requirements, and the associated FAQ’s, for additional information and examples regarding these topics.
Contract Section

The lender must provide the appraiser with a copy of the complete, ratified contract. The appraiser must indicate whether an analysis was or was not performed on the contract for sale. If an analysis was performed, the appraiser must provide the results of the analysis. If an analysis was not performed, the appraiser must provide an explanation why the analysis was not performed.

For appraisals required to be UAD compliant, the appraiser must also indicate the type of sale for the transaction. The appraiser may report any other relevant information in this field or elsewhere in the report regarding the sale type, including whether more than one sale type applies.

The appraiser must

enter an amount in the Contract Price field if the Assignment Type is a purchase transaction. Contract price must be the same as the sales price for the subject property in the Sales Comparison Approach section;

enter a contract date if the Assignment Type is a purchase transaction; and

indicate if the property seller is the owner of record.

The appraiser must indicate if there is any financial assistance such as loan charges, sales concessions or gift, or down payment assistance to be paid by any party on behalf of the borrower, including any closing costs or other payments from the seller or other third party. If there is financial assistance, the appraiser must

report the total dollar amount of the loan charges or concessions that will be paid (if the appraiser is not able to determine a dollar amount for all or part of the financial assistance, the number must reflect the total known dollar amount); and

provide a description of the items being paid.

Note: Financial assistance or concessions paid by any party on behalf of the borrower includes both monetary and non-monetary items, including below-market-rate mortgage financing, gifts of personal property, and payment of property taxes or HOA dues for a period of time.

See Fannie Mae and Freddie Mac Uniform Appraisal Dataset Specification, Appendix D: Field-Specific Standardization Requirements, for additional information regarding the Contract Section, and B4-1.3-09, Adjustments to Comparable Sales, for additional information regarding evaluating sales or financing concessions for comparables.
 
Please be aware......I am not an appraiser. Can any professional appraisers on this forum please answer the questions below?

1) Does USPAP require the appraiser to review the sale price / list price when appraising a home for a purchase transaction? What is the logic? Wouldn't that influence the outcome of the appraisal and go against appraiser independence?

2) Is this also true in other countries? Do any other countries prohibit the appraiser from knowing the sale price when appraising a home for a purchase transaction?

All insights and comments are welcome.

Thanks in advance!

I'm speechless and that's hard to do. Jackey, why not disclose to everyone who you work for now and your title.

<waits on Mike Kennedy's 1,471 pages of regs to come in support of not hitting the bullseye>
 
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