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Violation of building codes question

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HoustonRE

Freshman Member
Joined
Oct 13, 2012
Professional Status
Appraiser Trainee
State
Texas
I'd like to start with, I'm working on becoming a trianee so I'm very new to this industry. My question from the procedures class is: If an appraiser see observe building code violations on a residential home what is her responsibility? 1.proceed and document in report
2.immediately withdraw from the assignment
3.report it

If neither please tell me the answer :shrug:
Thanks in advance.
 
I would go with option one. Document in report and proceed, make subject to repair /inspecition if it's a federally backed loan.

I wouldn't "report it", unless is was endangering the lives of the occupants .
 
Ok thank you so much! I was thinking logically if they are selling the inspection itself will require them to meet codes to anyways...
 
Welcome to the forum and the industry.

Well, I would document it and then I would call the client and inform them as to how they want me to proceed.
Ray
 
Welcome Houston,

It depends. Is it a safety or structural issue? If so, make it subject to repair on a hypo condition that repairs have been completed (check box2) or subject to an extraordinary assump that it doesn't need repair (cb 3).

One need to be careful in not to set him/herself up as code police. But if it is an obvious one, then you say "Houston...we've got a problem" :)

Here is Fannie's take on as is vs subject to


In what situations should a property be appraised "as-is" versus "as-repaired"?
[FONT=Arial,Arial][FONT=Arial,Arial]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 items 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. [/FONT]

[FONT=Arial,Arial]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 is not 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. [/FONT]

[/FONT]
 
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I would go with option one. Document in report and proceed, make subject to repair /inspecition if it's a federally backed loan.
Wrong. FHA specifically DOES NOT require code compliance, and specifically DOES NOT require building permits...
 
Wrong. FHA specifically DOES NOT require code compliance, and specifically DOES NOT require building permits...

I'll have to call you on that. Please show me. Then I'll show you instances where FHA says code is necessary.

for example: FHA no longer requires repair of a garage door opener; however, appraisers should be mindful that local requirements may require repair.

here's another

2. The water heater must comply with local building codes regardless of its location.
 
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Incognito, he did not post it as an FHA question, he posed it as a general appraisal question. But, regarding FHA, they have a minimum property requirements list, and if it is not up to code, likely the property would not meet MPR.

He posted it as a theoretical class problem, not up to code could mean many things, from a minor code issue to a major one, they would be treated differently.
 
The only real answer is: 4. It depends.
 
Houston: In regard to your comment about the implications of the [home] inspection: As far as I am aware, the lender in a mortgage-related transaction is not privy to results of the home inspection that pertains to the pending transfer/sale.

That apparent systemic oversight never has made much sense to me...
 
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