Meandering
Elite Member
- Joined
- Feb 26, 2006
- Professional Status
- Real Estate Agent or Broker
- State
- Pennsylvania
QUOTE="DWiley,
The home I live in now was purchased while under construction. We bought the home and the site together. We did not buy a "contract," we purchased a home and the site it sits upon, (But the home did not exist or was not complete on the day of purchase yet you did not have a contract for the completion?)
and we did so in a single transaction. There was no conversion of a construction loan; there was no construction loan.
Our purchase contract, like the supporting appraisal, was subject to the completion of the home. So, our purchase was not a "created sale" as addressed by Cert 8.
Many homes are purchased this way, and I see no reason why my purchase of my home could not have been used by appraisers as a comparable. The fact that it happened to be under construction when we signed the contract is not germane.
As for market exposure, there is nothing preventing a builder from exposing a home that is under construction to the market. Whether there was adequate exposure is something to be considered an analyzed, just as with any other potential comparable.
End Danny Quote.
Here is my point.
There are many ways to "buy" a new home.
There are spec homes,
There are custom built homes,
There are homes midway through construction that were destined to be spec homes.
There are lot owners that decide to build on the lots they own, and hire a contractor.
The original appraiser identified 22 sales of homes that were under construction while under contract to purchase, and determined those homes were not market value comparables.
The underwriter swiftly identified via tax records, that title had changed hands to those 22 homes.
Then the insurance underwriter required those homes as comps, without further investigation, nor consideration of why the original appraiser ACTUALLY STATED IN THE REPORT they were not comparables for a market value opinion. Not like the original appraiser tried to hide those transfers. He actually stated it in the report.
So, no one here knows if these were custom built homes, or if they were exposed to the market or if they were the result of combining land sales with purchase contracts, or if they were custom builds, or if they were not exposed to the market and were ordered to be built by a corporate interest.
Nope, nobody knows.
But there is a vendetta against this appraiser, so make him use those sales as comps.
That's why I asked about Tim's understanding of USPAP and misleading.
Because if it were my report,
And my original reported stated these were not comparables to be used in a market value analysis, but then was mandated to use them by the "intended user" of the report,
I would certainly comment that I did not believe those sales represent market value, should not be used in the analysis, but in accordance with the assignment conditions I was being mandated to present them in the report by the client's underwriter.
I would certainly say that their presentation, while I consider them inappropriate, was done to satisfy this assignment condition of USPAP and that the Client is not being misled by me. It was the client's underwriter who determined these sales be presented. The client's underwriter is a sophisticated user of appraisal products, and should the use of those comparables later be shown to be inappropriate, they exist in the report solely because of an assignment condition mandate to present them, but I have not used them in any way shape or form in my analysis.
Let it fall back on the underwriter who makes the decision to use them without sufficient information to determine if their use is appropriate, for any reason other than their location.
.
The home I live in now was purchased while under construction. We bought the home and the site together. We did not buy a "contract," we purchased a home and the site it sits upon, (But the home did not exist or was not complete on the day of purchase yet you did not have a contract for the completion?)
and we did so in a single transaction. There was no conversion of a construction loan; there was no construction loan.
Our purchase contract, like the supporting appraisal, was subject to the completion of the home. So, our purchase was not a "created sale" as addressed by Cert 8.
Many homes are purchased this way, and I see no reason why my purchase of my home could not have been used by appraisers as a comparable. The fact that it happened to be under construction when we signed the contract is not germane.
As for market exposure, there is nothing preventing a builder from exposing a home that is under construction to the market. Whether there was adequate exposure is something to be considered an analyzed, just as with any other potential comparable.
End Danny Quote.
Here is my point.
There are many ways to "buy" a new home.
There are spec homes,
There are custom built homes,
There are homes midway through construction that were destined to be spec homes.
There are lot owners that decide to build on the lots they own, and hire a contractor.
The original appraiser identified 22 sales of homes that were under construction while under contract to purchase, and determined those homes were not market value comparables.
The underwriter swiftly identified via tax records, that title had changed hands to those 22 homes.
Then the insurance underwriter required those homes as comps, without further investigation, nor consideration of why the original appraiser ACTUALLY STATED IN THE REPORT they were not comparables for a market value opinion. Not like the original appraiser tried to hide those transfers. He actually stated it in the report.
So, no one here knows if these were custom built homes, or if they were exposed to the market or if they were the result of combining land sales with purchase contracts, or if they were custom builds, or if they were not exposed to the market and were ordered to be built by a corporate interest.
Nope, nobody knows.
But there is a vendetta against this appraiser, so make him use those sales as comps.
That's why I asked about Tim's understanding of USPAP and misleading.
Because if it were my report,
And my original reported stated these were not comparables to be used in a market value analysis, but then was mandated to use them by the "intended user" of the report,
I would certainly comment that I did not believe those sales represent market value, should not be used in the analysis, but in accordance with the assignment conditions I was being mandated to present them in the report by the client's underwriter.
I would certainly say that their presentation, while I consider them inappropriate, was done to satisfy this assignment condition of USPAP and that the Client is not being misled by me. It was the client's underwriter who determined these sales be presented. The client's underwriter is a sophisticated user of appraisal products, and should the use of those comparables later be shown to be inappropriate, they exist in the report solely because of an assignment condition mandate to present them, but I have not used them in any way shape or form in my analysis.
Let it fall back on the underwriter who makes the decision to use them without sufficient information to determine if their use is appropriate, for any reason other than their location.
.
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