QUESTION

Appraiser appraised my house from 2 and 4 year old comps and appraisal came in low. Buyer has FHA can I sue the appraiser if house dont sell?

Asked on Jul 09th, 2015 on Real Estate - California
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Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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No. The appraiser worked for the bank. Therefore, you cannot sue the appraiser for breach of contract or negligence. The appraiser's work product is opinion. Therefore, you cannot sue him for defamation (i.e. libel). FHA makes loans for as much as 90% or even 100% of the appraised value. Therefore, it instructs its appraisers to use especially conservative standards. Using those standards, it is possible that the nearest "comparable" sales might actually be those 2 year old and 4 year old sales. Appraisals always lag the market. They are based on past sales. If the market is rising, that means the appraised value is low. If the market is falling, that means the appaised value is high. Today's market also includes foreigners paying all cash. Compared with per square foot prices in some crowded foreign markets, our local per square foot prices look like bargains. So those buyers are willing to pay extraordinary prices. Because they are paying all cash, they don't have a lender and a lender's appraiser to tell them the price is above market. That is pushing up prices, but some local lenders are aware of this and are discounting or ignoring comparable sales where there is not an institutional loan paying a portion of the price. Turn your broker loose to market and sell your property. Maybe the broker will find a buyer who is not looking for a 90% or 100% loan. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Jul 10th, 2015 at 1:47 PM

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