Jim;
I don't know what the laws and rules are in Colorado, but in Illinois, comp checks are requested in a variety of ways and called a variety of things. What's important isn't the nomenclature or even the request itself.
When a "potential client", be it an MB, homeowner, or your best poker buddy, asks you for a value or a range of values...you've performed an appraisal. Does this mean you need to maintain a workfile? Again, I don't know Colorado law...but in Illinois, it is more than a good idea to do so.
Let's face it, comp checks don't emerge from idle curiosity. MBs are attempting to "run the numbers" to see what will work or not. When I was on staff at a large S&L back in the 1980s, we typically ran a "sensitivity analysis" on a spreadsheet to see what would happen if a large apartment complex was capped at this rate or that. Was this a form of a comp check? Sure. Was the appraisal department acting unethically? No. We were already in-house employees. We were salary. It was our job. Did we have a workfile? Absolutely.
Let's take the typical MB request: "Say, can you do me a favor? I have some nice customers that are looking for a $250,000 value on their house. They’re in Rocky Flats Subdivision. Last year the house was appraised at $235,000. Can you run some comps to see if $250,000 a realistic number?"
Before concluding that the MB has had ethical by-pass surgery, let’s dissect the request.
1. Can you do me a favor?
I’m always intrigued by favors I somehow owe in advance of knowing someone.
2. Last year the house was appraised at $235,000.
Why aren’t you calling THAT appraiser?
3. Can you run some comps to see if $250,000 a realistic number?
Sure. I can provide you a printout of all the sales in Rocky Flats for last six months.
It’s at this point that the MB begins to qualify the request. He tells you it’s a two-story with four bedrooms on a 10,000 Sq.Ft. site. They just updated the baths. Once the qualifying exchange begins…and you, as the appraiser agree to narrow the sales search based on proffered criteria…you’ve crossed the line from “favor” into appraisal-land.
The MB, sensing that you’re going to bail on the “free” info will typically offer something like, “tell you what, just run the two-story sales in the area. If you can get anywhere near $240,000…that’ll be great. I’ll still be able to do the deal and I’ll send you the ORDER.”
You think…what’s the harm? Heck, the place appraised for $235,000 last year. It has to be worth $240,000 by now. That’s only a little over 2%.
So you do it.
You run all four sales of two-stories in Rocky Flats. They range between $238,900 and $271,000. Perfect.
You fax over a page of sales on your company letterhead.
Fast forward to later that day…you receive the order. It’s even C.O.D.. You go to the property the next and find some funky hodge-podge two-story that smells of wet dog hair and cigarettes. The place is a dump. The owner shows you last year’s appraisal. It’s a nightmare. Obviously overstated by $30,000.
Now what do you do?
You take the owner’s crumpled up $275 and turn in a report to the MB at $205,000. Now comes the firestorm. The MB is furious. The HO wants a copy and you WON’T give it out because you can’t. The MB will exact revenge by turning you into the state.
It happens all the time.
In Illinois, should the report find its way to the agency…the appraiser would most likely face charges under
225 ILCS 458/section 15-10:
Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment.
Whether or not you can “win” at the state level isn’t even the point.
For $275 in rumpled cash, you wasted a half hour on the phone. You wasted another 20 minutes on the MLS. You blew three hours on the inspection. You blew another two hours writing up this nightmare. You angered an MB. You had to produce a workfile for the state. You had to contact you’re E&O provider. You had to endure an investigation. You had to lawyer-up for a conference ($1,000 deductible) and maybe came away with a consent order plus education.
You tell me, Jim. Does this sound like a recipe for success in this business?