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	<title>Comments on: Can Realtors Still Talk to Appraisers After May 2009? (HVCC went into effect on 05/01/09)</title>
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	<description>www.lundquistcompany.com - 916-595-3735 - info@lundquistcompany.com - Serving the Greater Sacramento Region &#38; Beyond</description>
	<lastBuildDate>Fri, 29 Jul 2011 17:45:50 +0000</lastBuildDate>
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		<title>By: Ryan Lundquist</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3299</link>
		<dc:creator>Ryan Lundquist</dc:creator>
		<pubDate>Fri, 29 Jul 2011 17:45:50 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3299</guid>
		<description>Hi Robert. I&#039;d say you should definitely listen to your local legal hotline if they are giving you certain advice. However, it is not coercision in my book when a Realtor asks me if I would like to see research/data or shares information to illustrate why the property was priced a certain way. There is a big difference when a real estate agent says, &quot;Here are the comps&quot; and &quot;here is some market data and let me know if you have any questions about how this property was marketed or why it was marketed at this price....&quot; I actually gave a more detailed tip on a very recent blog post that deals with this very issue. I really ought to give a post devoted soley to this issue also. I&#039;ll do that soon. http://sacramentoappraisalblog.com/2011/07/28/is-a-property-worth-less-if-its-a-short-sale/</description>
		<content:encoded><![CDATA[<p>Hi Robert. I&#8217;d say you should definitely listen to your local legal hotline if they are giving you certain advice. However, it is not coercision in my book when a Realtor asks me if I would like to see research/data or shares information to illustrate why the property was priced a certain way. There is a big difference when a real estate agent says, &#8220;Here are the comps&#8221; and &#8220;here is some market data and let me know if you have any questions about how this property was marketed or why it was marketed at this price&#8230;.&#8221; I actually gave a more detailed tip on a very recent blog post that deals with this very issue. I really ought to give a post devoted soley to this issue also. I&#8217;ll do that soon. <a href="http://sacramentoappraisalblog.com/2011/07/28/is-a-property-worth-less-if-its-a-short-sale/" rel="nofollow">http://sacramentoappraisalblog.com/2011/07/28/is-a-property-worth-less-if-its-a-short-sale/</a></p>
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		<title>By: Robert</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3298</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Fri, 29 Jul 2011 17:39:01 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3298</guid>
		<description>Hello Ryan,  I am interested in finding out if a Realtor can bring in comparables or &quot;research&quot; when meeting an appraiser at a home?  Call our local legal hot line, they are saying Realtors can NOT do this.  As a Realtor knowing the property and most likely the neighborhood better then an appraiser coming with research that is FACT I would not look at as pushing a value one why or another.   Do you have any clarification of this?</description>
		<content:encoded><![CDATA[<p>Hello Ryan,  I am interested in finding out if a Realtor can bring in comparables or &#8220;research&#8221; when meeting an appraiser at a home?  Call our local legal hot line, they are saying Realtors can NOT do this.  As a Realtor knowing the property and most likely the neighborhood better then an appraiser coming with research that is FACT I would not look at as pushing a value one why or another.   Do you have any clarification of this?</p>
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		<title>By: Mark</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3286</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Thu, 30 Sep 2010 04:04:14 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3286</guid>
		<description>Hey John,  I agree that the Realtor is not acting professional and not very ethical, but the HVCC Agreement and Guidelines were binding on Lenders, not a realtors...it applies to lenders only.  But as Ryan pointed out, you need to remind the agent of her own ethics that she is called upon to adhere to. Her own Code of Ethics of the National Association of Realtors says;

Quote:
&quot;................. In instances where their opinion is sought, or where REALTORS® believe that comment is necessary, their opinion is offered in an objective, professional manner, uninfluenced by any personal motivation or potential advantage or gain.&quot;
....................... &quot;Accepting this standard as their own, REALTORS® pledge to observe its spirit in all of their activities whether conducted personally, through associates or others, or via technological means, and to conduct their business in accordance with the tenets set forth below. &quot;  

The appraiser should ask the agent to respect the Code of her trade and for her to appreciate the objectivity required by her own Code.  It can&#039;t be uninfluenced by lack of any personal gain...and she certainly seems to be seeking to gain $omething.

Now look at the appraiser ethics:

Conduct:
An appraiser must perform assignments with impartiality, objectivity, and independence, and without accommodation of personal interests.

An appraiser:
???? must not perform an assignment with bias;
???? must not advocate the cause or interest of any party or issue;
???? must not accept an assignment that includes the reporting of predetermined opinions and conclusions; 

As you see, appraisers cannot allow themselves to be pressured into being biased, advocating for the RE agent&#039;s cause, or reporting the opinion of someone else as if it is their opinion.  The agent is held to a Code of Ethics, just as appraisers are.  You (and the appraiser) should insist that that any and all future communications regarding this matter be solely through the lender.   There are avenues they can take if they don&#039;t agree with the appraisal.  It&#039;s called a reconsideration of value.  They present their evidence (comps) to the lender, the lender presents them to the appraiser to look at as see if they are better indicators of value then the ones he picked.   Typically, they are not.  They typically would necessitate even larger adjustments, or greater distance than the current comparables, possibly producing a misleading value.

As far as pressure from an agent...that&#039;s a joke.  They have nothing to pressure the appraiser with.  They didn&#039;t hire the appraiser and they have no influence on future jobs.  Yelling at an appraiser - not something I would do, if I were an RE agent.  You familiar with the phrase, don&#039;t bite the hand that feeds you?</description>
		<content:encoded><![CDATA[<p>Hey John,  I agree that the Realtor is not acting professional and not very ethical, but the HVCC Agreement and Guidelines were binding on Lenders, not a realtors&#8230;it applies to lenders only.  But as Ryan pointed out, you need to remind the agent of her own ethics that she is called upon to adhere to. Her own Code of Ethics of the National Association of Realtors says;</p>
<p>Quote:<br />
&#8220;&#8230;&#8230;&#8230;&#8230;&#8230;.. In instances where their opinion is sought, or where REALTORS® believe that comment is necessary, their opinion is offered in an objective, professional manner, uninfluenced by any personal motivation or potential advantage or gain.&#8221;<br />
&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.. &#8220;Accepting this standard as their own, REALTORS® pledge to observe its spirit in all of their activities whether conducted personally, through associates or others, or via technological means, and to conduct their business in accordance with the tenets set forth below. &#8221;  </p>
<p>The appraiser should ask the agent to respect the Code of her trade and for her to appreciate the objectivity required by her own Code.  It can&#8217;t be uninfluenced by lack of any personal gain&#8230;and she certainly seems to be seeking to gain $omething.</p>
<p>Now look at the appraiser ethics:</p>
<p>Conduct:<br />
An appraiser must perform assignments with impartiality, objectivity, and independence, and without accommodation of personal interests.</p>
<p>An appraiser:<br />
???? must not perform an assignment with bias;<br />
???? must not advocate the cause or interest of any party or issue;<br />
???? must not accept an assignment that includes the reporting of predetermined opinions and conclusions; </p>
<p>As you see, appraisers cannot allow themselves to be pressured into being biased, advocating for the RE agent&#8217;s cause, or reporting the opinion of someone else as if it is their opinion.  The agent is held to a Code of Ethics, just as appraisers are.  You (and the appraiser) should insist that that any and all future communications regarding this matter be solely through the lender.   There are avenues they can take if they don&#8217;t agree with the appraisal.  It&#8217;s called a reconsideration of value.  They present their evidence (comps) to the lender, the lender presents them to the appraiser to look at as see if they are better indicators of value then the ones he picked.   Typically, they are not.  They typically would necessitate even larger adjustments, or greater distance than the current comparables, possibly producing a misleading value.</p>
<p>As far as pressure from an agent&#8230;that&#8217;s a joke.  They have nothing to pressure the appraiser with.  They didn&#8217;t hire the appraiser and they have no influence on future jobs.  Yelling at an appraiser &#8211; not something I would do, if I were an RE agent.  You familiar with the phrase, don&#8217;t bite the hand that feeds you?</p>
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		<title>By: Ryan Lundquist</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3285</link>
		<dc:creator>Ryan Lundquist</dc:creator>
		<pubDate>Tue, 21 Sep 2010 13:51:20 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3285</guid>
		<description>I don&#039;t envy your situation, but I hope it works out for your good. Hopefully the lower price will be accepted by the lender and you&#039;ll have little interaction left with the Listing Agent. Best wishes, John.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t envy your situation, but I hope it works out for your good. Hopefully the lower price will be accepted by the lender and you&#8217;ll have little interaction left with the Listing Agent. Best wishes, John.</p>
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		<title>By: John Malone</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3284</link>
		<dc:creator>John Malone</dc:creator>
		<pubDate>Tue, 21 Sep 2010 13:45:55 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3284</guid>
		<description>Thanks, Ryan.  Unfortunately it seems this is not uncommon practice for this realtor.  Her measurements are not accurate, and the appraiser did review her information stating that it does not change his valuation.  I look forward to seeing clarification on this topic.</description>
		<content:encoded><![CDATA[<p>Thanks, Ryan.  Unfortunately it seems this is not uncommon practice for this realtor.  Her measurements are not accurate, and the appraiser did review her information stating that it does not change his valuation.  I look forward to seeing clarification on this topic.</p>
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		<title>By: Ryan Lundquist</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3283</link>
		<dc:creator>Ryan Lundquist</dc:creator>
		<pubDate>Tue, 21 Sep 2010 13:27:18 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3283</guid>
		<description>Hi John. Thanks for sharing your story. I have not yet received further clarification from the comments in this post, but yelling at appraisers and lenders is not good practice for business - that&#039;s for sure. I would think that this Realtor should be careful to not violate her duty to professional conduct too. Hopefully it is not commonplace for her to threaten lawsuits and yell at others involved in the transaction. 

With that being said, is there something about what the Listing Agent is saying that should be listened to? Is she offering better comps, a more accurage measurement or something in the blueprints that has been ignored? Hopefully the appraiser really took the time to take into consideration anything that was put his/her way. 

You bring up a good point. Would a Realtor behaving like this potentially put pressure on the appraiser to &quot;hit the number&quot; or change his value opinion?</description>
		<content:encoded><![CDATA[<p>Hi John. Thanks for sharing your story. I have not yet received further clarification from the comments in this post, but yelling at appraisers and lenders is not good practice for business &#8211; that&#8217;s for sure. I would think that this Realtor should be careful to not violate her duty to professional conduct too. Hopefully it is not commonplace for her to threaten lawsuits and yell at others involved in the transaction. </p>
<p>With that being said, is there something about what the Listing Agent is saying that should be listened to? Is she offering better comps, a more accurage measurement or something in the blueprints that has been ignored? Hopefully the appraiser really took the time to take into consideration anything that was put his/her way. </p>
<p>You bring up a good point. Would a Realtor behaving like this potentially put pressure on the appraiser to &#8220;hit the number&#8221; or change his value opinion?</p>
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		<title>By: John Malone</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3282</link>
		<dc:creator>John Malone</dc:creator>
		<pubDate>Tue, 21 Sep 2010 13:11:27 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3282</guid>
		<description>I am very interested in your discussion about talking to the appraiser because we are trying to buy a house and the appraisal came in low.  Ever since, the selling realtor has been giving comps., blue prints, her own measurements and conclusions on the property, even yelling at him and the lender, and when that didn&#039;t work she has threatened to sue the appraiser, the lender and us.  The appraiser is local and I am told very well regarded in this area.  I find it hard to believe this realtor is acting ethically and within the HVCC law.  Have you received clarification on this, Ryan?  This would seem to be a good reason to limit the realtor - appraiser contact.</description>
		<content:encoded><![CDATA[<p>I am very interested in your discussion about talking to the appraiser because we are trying to buy a house and the appraisal came in low.  Ever since, the selling realtor has been giving comps., blue prints, her own measurements and conclusions on the property, even yelling at him and the lender, and when that didn&#8217;t work she has threatened to sue the appraiser, the lender and us.  The appraiser is local and I am told very well regarded in this area.  I find it hard to believe this realtor is acting ethically and within the HVCC law.  Have you received clarification on this, Ryan?  This would seem to be a good reason to limit the realtor &#8211; appraiser contact.</p>
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		<title>By: Ryan Lundquist</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3280</link>
		<dc:creator>Ryan Lundquist</dc:creator>
		<pubDate>Mon, 30 Aug 2010 18:34:37 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3280</guid>
		<description>Well said, Mark. I don&#039;t work for low fees either. I get email blasts for $175 appraisals and I always write back saying I will do them, but for $350 or whatever my fee would be. $350 is a very customary fee for Sacramento. Of course though borrowers are paying $400-450 easily for their appraisals because of HVCC. 

Have a great day of business and life!!!</description>
		<content:encoded><![CDATA[<p>Well said, Mark. I don&#8217;t work for low fees either. I get email blasts for $175 appraisals and I always write back saying I will do them, but for $350 or whatever my fee would be. $350 is a very customary fee for Sacramento. Of course though borrowers are paying $400-450 easily for their appraisals because of HVCC. </p>
<p>Have a great day of business and life!!!</p>
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		<title>By: Mark</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3279</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Mon, 30 Aug 2010 18:01:33 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3279</guid>
		<description>I&#039;ve been appraising here in the MN Twin Cities area for about 15 years now.  One of the old dogs that don&#039;t have the sense to get out. I&#039;m Certified &amp; FHA approved.  My wife says I&#039;m certifiably insane, if that counts for anything, lol.

I&#039;ve been very lucky to build up good business relationships with Lenders that pay full fees.  I won&#039;t work for these blood sucking AMCs that take a huge chunk of the appraiser&#039;s fee for themselves.  It is no wonder that there are so many RE Agents getting upset because of low ball appraisals ruining their sale.  What do you expect when the appraisers are getting paid 1/2 fee?  These are desperate newbies doing anything for work.  These desperate appraisers (aka &quot;Skippy&quot;) are skipping appraisal steps so they can rush out 3 appraisals a day.  Typically the use REOs and Short Sales as comps without any consideration to the variance from a fair sale defined in Market Value.  They can fill out a form without clerical errors so that it makes the AMC&#039;s silly QC phone monkeys happy, but they aren&#039;t appraising.  I realize I am painting with a broad brush here. I&#039;m sure there are appraisers out their doing good appraisals for 1/2 fee.  This is the exception to the rule.

It will be interesting to see the affect of the Dodd-Frank Wall Street Reform and Consumer Protection Bill, which has just passed.  It states there is a $10,000 fine PER OFFENSE for failure to comply in regards to a Lender or AMC not paying what is normal and customary for appraisal services.  This should match the complexity of the assignment.  Fees are set according to the scope of work and complexity of assignment.  Minimal fee for a 1004 here in the Twin Cities is $350.  This does not include the additional $25-$50 for 1004MC.  This is typical, customary and reasonable for this area, according to all credible reports.   Each State/City will vary.

I have a feeling we&#039;ll be seeing some class action suits against these AMCs.  I won&#039;t shed a tear, either.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been appraising here in the MN Twin Cities area for about 15 years now.  One of the old dogs that don&#8217;t have the sense to get out. I&#8217;m Certified &amp; FHA approved.  My wife says I&#8217;m certifiably insane, if that counts for anything, lol.</p>
<p>I&#8217;ve been very lucky to build up good business relationships with Lenders that pay full fees.  I won&#8217;t work for these blood sucking AMCs that take a huge chunk of the appraiser&#8217;s fee for themselves.  It is no wonder that there are so many RE Agents getting upset because of low ball appraisals ruining their sale.  What do you expect when the appraisers are getting paid 1/2 fee?  These are desperate newbies doing anything for work.  These desperate appraisers (aka &#8220;Skippy&#8221;) are skipping appraisal steps so they can rush out 3 appraisals a day.  Typically the use REOs and Short Sales as comps without any consideration to the variance from a fair sale defined in Market Value.  They can fill out a form without clerical errors so that it makes the AMC&#8217;s silly QC phone monkeys happy, but they aren&#8217;t appraising.  I realize I am painting with a broad brush here. I&#8217;m sure there are appraisers out their doing good appraisals for 1/2 fee.  This is the exception to the rule.</p>
<p>It will be interesting to see the affect of the Dodd-Frank Wall Street Reform and Consumer Protection Bill, which has just passed.  It states there is a $10,000 fine PER OFFENSE for failure to comply in regards to a Lender or AMC not paying what is normal and customary for appraisal services.  This should match the complexity of the assignment.  Fees are set according to the scope of work and complexity of assignment.  Minimal fee for a 1004 here in the Twin Cities is $350.  This does not include the additional $25-$50 for 1004MC.  This is typical, customary and reasonable for this area, according to all credible reports.   Each State/City will vary.</p>
<p>I have a feeling we&#8217;ll be seeing some class action suits against these AMCs.  I won&#8217;t shed a tear, either.</p>
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		<title>By: Ryan Lundquist</title>
		<link>http://lundquistcompany.com/blog/2009/06/04/can-realtors-still-talk-to-appraisers-after-may-1-2009/comment-page-1/#comment-3278</link>
		<dc:creator>Ryan Lundquist</dc:creator>
		<pubDate>Mon, 30 Aug 2010 14:36:44 +0000</pubDate>
		<guid isPermaLink="false">http://lundquistcompany.com/blog/?p=1021#comment-3278</guid>
		<description>Good words, Mark. I hope to get some clarification soon on this matter. I am like you in that I like to hear directly from agents. Many agents these days feel like a deer in the headlights a bit right now because they think they cannot talk to the appraiser about anything. I met an agent at a property last week and she said she did not bring &quot;comps&quot; because she cannot do that anymore. I told her that she ought to consider bring &quot;research&quot; instead and sharing her research with the appraiser in a way that was not putting pressure on the appraiser in any way to &quot;hit the number&quot;. She loved that and even said, &quot;call me if you need any help with research&quot; at the end of my inspection. Agents really can be a good source of information at times - especially good agents. 

Are you an appraiser? You sound like one. Where are you based out of?</description>
		<content:encoded><![CDATA[<p>Good words, Mark. I hope to get some clarification soon on this matter. I am like you in that I like to hear directly from agents. Many agents these days feel like a deer in the headlights a bit right now because they think they cannot talk to the appraiser about anything. I met an agent at a property last week and she said she did not bring &#8220;comps&#8221; because she cannot do that anymore. I told her that she ought to consider bring &#8220;research&#8221; instead and sharing her research with the appraiser in a way that was not putting pressure on the appraiser in any way to &#8220;hit the number&#8221;. She loved that and even said, &#8220;call me if you need any help with research&#8221; at the end of my inspection. Agents really can be a good source of information at times &#8211; especially good agents. </p>
<p>Are you an appraiser? You sound like one. Where are you based out of?</p>
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