My problem comes in when the best comps all have concessions in their sales. This is not uncommon if their are few sales but ends up with the client insisting that concessions are therefore 'prevalent" in the market and I shouldn't adjust for them....Any suggestions?
Yes. Nip it in the bud by putting this in every report
SELLER CONCESSIONS: These adjustments reflect the difference between what the comparables actually sold for with the sales concessions and what they would have sold for without the concessions so that the dollar amount of the adjustments will approximate the reaction of the market to the concessions. There are some appraisers and reviewers believe that if the concessions are "typical" in the area, then no adjustments are necessary. This is incorrect with regards to Fannie Mae and Market Value, as defined.
The definition of Market Value states:
"(6) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale."
Further clarity is given to sales concessions; Nowhere does it mention or even suggest that no adjustments are necessary for seller concessions if they are "typical" in the market, but rather only when they:
"are normally paid by sellers as a result of tradition or law in a market area"
How does one identify this? Market Value goes on with additional clarity;
"these are identifiable since the seller pays these costs in virtually all sales transactions."
There is no such tradition or law in the market area and these costs are not present in virtually
all sales, therefore it is clear that typical concessions still need to be adjusted if they result in a different price had the seller not paid them.
The following excerpt from the Selling Guide, Part XI, Section 406.5 (C) provides further guidance for these circumstances:
“The need to make negative dollar adjustments for sales and financing concessions and the amount of the adjustments to the comparable sales are not based on how typical the concessions might be for a segment of the market area—large sales concessions can be relatively typical in a particular segment of the market and still result in sale prices that reflect more than the value of the real estate.... The adjustments must reflect the difference between what the comparables actually sold for with the sales concessions and what they would have sold for without the concessions so that the dollar amount of the adjustments will approximate the reaction of the market to the concessions.”
This adjustment is not a mechanical dollar for dollar adjustment, nor should it be. Market value states:
"Any adjustment should not be calculated on a mechanical dollar for dollar cost..." The key word is "mechanical"; Dollar for dollar is often the market reaction, but this cannot be assumed. In order to get the most accurate insight, the agents of the comparable sales are called to verify the contributory value of the concessions and then tested against the market for reasonableness.