Real Estate – Appraisers are not the Culprits

by February 25, 2010 • 8 comments

There have been a lot of anecdotal stories lately about how appraisals and appraisers contributed to the real estate meltdown and are currently preventing the market from recovering.  Your friends at (A certified general/certified residential appraiser in Colorado and Florida with 25 years of experience) would like to clear up some misconceptions.

There are many implicit rules involved in the real estate investment arena.  Two of my favorite are, “If you want to be successful, you have to play by the rules of the ball park in which you choose to play” (according to Harvey Mackay, a management guru) and “If you get all of your information from someone whose compensation and career success are contingent on a particular event happening, you can be assured that their information will be skewed toward that event actually happening”.

Appraisers are required to follow a strict set of rules required by various professional appraiser organizations, mortgage companies, banks, and the state and federal government. If an appraiser does not follow the rules, he could lose his license, be fined, or even go to jail.  The appraiser is supposed to be independent of the various parties who stand to benefit from the real estate transaction.

One of the major rules is the definition of current market value, which is lengthy.  For civilian use, the definition is basically the highest price that would attract a buyer during a given marketing period. The market (buyers and sellers) always sets the current market value of a property.  There is always a buyer at current market value.  The market is a heartless and unruly beast.

The appraiser’s job is to estimate a reasonable sale price as of a particular date, assuming the property had been marketed and available for purchase during a specified marketing time previous to the date of value.  For example, an appraisal of a condo with an effective date of value of July 1, 2009 would assume that the property had been listed for sale in the local MLS for a reasonable marketing time.

Let’s say an appraiser was asked to appraise a 1BR/1.5Ba condo over at The Summit building as of July 20, 2004 that had a contract for $280,000.  The graph below shows actual sale prices of this type of unit from 1/1/2004 to 7/1/2004. The graph shows an increase in sale prices of 35% over the six month period or around five per cents per month.  The $280,000 sale price is around 3.7 percent above the last sale of $270,000 on July 1, which is within the relevant price appreciation range.   Suppose the appraiser had included in the report that this rate of sale price appreciation was unsustainable and a price correction was inevitable and concluded a value of $270,000.  There would have been howls of protest from the real estate agents, the buyer and seller, and the mortgage company. The appraiser would have never received another assignment and would have had to look for a new line of work.  According to the rules, the appraiser is supposed to estimate a realistic sale price as of the date of the inspection based on closed sales.  In this case, the estimated value based on the historical evidence of the past six months would have been $280,000.  It is the responsibility of the lending agency to evaluate the risk associated with excessive price appreciation, not the appraiser.

There are many culprits in the current housing predicament.  Certainly there were appraisers that came in at the contract price no matter what.  Real estate agents whose primary motivation was getting a sale to obtain a commission.  Loan officers whose primary motivation was closing a loan in order to obtain a commission.   Bankers who needed loans to sell as mortgage backed securities.  And not the least, elected federal officials who needed to buy votes.  The guilty parties will be explored in a future post.

Let’s fast forward to today. Suppose an appraiser was asked to appraise a 1BR/1.5Ba condo over at The Summit building as of 1/1/2010 that had a contract for $150,000 with a 95% loan of $142,500.  The graph below shows actual sale prices of this type of unit from 9/1/2009 to 1/1/2010.  Only two of the sales were bank related.  The non-bank related sales had an average sale price of less than one percent above the bank related sale prices.  The highest priced unit since 9/15/2009 was $140,000.  Based on the closed sales over the past four months, the appraisal should reflect a value of around of $140,000, $10,000 below the contract price.  Again, howls of protest from the real estate agents, buyer and seller, and loan officer.  The appraiser is accused of killing the sale and impeding the housing recovery.

A closer look at the contract reveals the seller is paying six points (6% of the loan value) or $8,550 toward the buyer’s closing costs.  Based on letters to the editor in the Florida Association of Realtors newsletter, the real estate sales community considers six seller paid points as a legitimate concession and should not affect the contract sale price.  One to two seller paid points are not unusual, but excessive seller concessions artificially increase the sale price and borders on fraud.  In this case the buyer is giving the seller an extra $8,550 in sale price and the seller gives the buyer the $8,550 back at closing.  The real sale price is $150,000 minus the $8,550 or $141,450.  If an appraiser is found that makes everyone happy and comes in at the contract price of $150,000, the buyer gets his loan of $142,500.  The mortgage company thinks it has a buyer with five percent skin in the game when in fact the buyer gets a 100% loan, plus $1,000 in his pocket.  The MLS reports a market-rate sale at $150,000 and the market has just been artificially inflated by six percent.  As a side bar, the Panama City MLS does not require realtors to report seller concessions. The reason for the excessive seller concessions in this case is the buyer did not have the five percent required down payment.  The sale price was artificially inflated in order to scam the mortgage company into financing the buyer’s closing costs so the sale could close, and commissions could be spread around.  Fortunately, the appraiser reported the transaction in a factual manner according to the rules and the sale did not close.  Of course the appraiser was soundly beaten about the head by the real estate agents, the loan officer, and the seller for low-balling the appraisal, killing the deal and single handedly preventing the recovery of the housing market.  However, the taxpayers and the mortgage company were appreciative.

Excessive seller concessions are not always as apparent as seller paid points.  I have come across numerous examples of sellers paying one year of Home Owner Association fees.  For a condo with $400 to $500 per month HOA fees this amounts to around $5,000.  And then there is the value of the furnishings which is usually included in the sale price of condos. Mortgage companies generally prohibit the value of the furnishings to be included in the sale price.  That’s another $15,000 hit.  You can see where this can get ugly fast.

In a declining market such as ours or even in a stable market, it is almost impossible for an appraiser to conclude a value much above the highest sale price of a similar property over the past three or four months.  If we ever reach the bottom, buyers will have to assume the cost of the risk associated with being the first to purchase at higher prices.  The cost of that risk will be higher down payments and appraised values that are less than the contract price.  You can’t expect appraisers to make adjustments for appreciation until there is some evidence that prices are really increasing.

I hope my Realtor friends are not offended.  This is just a little payback from all of us ***$$@@!!%$%% appraisers who are accused of killing deals and keeping the market down.  There is always another side to the story.

As always, check more details at our blog at

By Sam Portman, Recovering Appraiser

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1 Jeff February 25, 2010 at 1:44 pm

Sounds like the ‘pot’ calling the ‘kettle’ black!


2 Appraiser Man February 25, 2010 at 8:22 pm

Thank You Sam. I am a Certified Residential Appraiser in Alabama with 18 years of experience. I really appreciate you taking the time to write this article. Now we need to figure out what to about the HVCC ruining most of our personal business relationships that we all worked to develop. I bet the public does not know that when they are asked to pay a “appraisal fee” to there lender, that most of the time, the actual appraiser (who does all the work and carries all of the liability) does not even get 50% of this fee, the majority of the money goes to some “faceless” Appraisal Management Company (AMC) just for picking up the phone and ordering an appraisal. Therefore, the HVCC has caused the consumer to pay more for an appraisal, and the Certified Appraiser now gets less. That kind of math spells doom for most appraisers.


3 karen Smith February 25, 2010 at 8:58 pm

WEll Sam turns out we were somewhat in the same direction this week. I also wrote an appraisal article for PCBdaily this week not knowing that you just wrote one. I too was defending my appraiser buddies. My article is a simple version with little comment but heading in the same direction. My biggest issue however is not people doing the wrong thing but rather our sellers not being realist about what there property is worth in today’s market. Thankfully most of my sellers trust my judgement and knowledge but every once is a while I a met with great disdain. I know our appraiser friends need a big group hug!!!! All is well.


4 Robert Pirrung February 26, 2010 at 4:06 pm

And this doesn’t even address BPO’s, many of which seem to be done by dart board


5 Don Gossett February 28, 2010 at 3:20 pm

You failed to tuch on the County Property Appraisers.

If you go to back 10 years and look at how the Fl. County Appraisers have inflated the value on most property in Fl. each year. Then when the market slowed down they had to readjust the value to a more true value. They were infact over charging taxes on most of the property.
I am glad that the Fl. Governer deceided that the County Appraisers would take into consideration the Forecloser Sale Prices as Fair Market Value.

I am a new Fl. property owner.


6 Observing from Georgia March 1, 2010 at 11:43 am

In today’s market, I think realtors often tell their clients what they want to hear in order to get the listing–They list too high, then either the property doesn’t sell, or the contract falls through when the appraiser gets involved. This is not the appraiser’s fault–He just happens to be the face of reality! Also, having looked at some short sales, I find that some mortgagers are now using a realtor’s report instead of paying for a genuine appraisal on property they have in default. Then when a buyer tries to finance the short sale, once again their appraiser has to be the bad guy.


7 John G. Newberry, Jr. March 2, 2010 at 9:16 am

Kudos to PCB Daily columnists for attempting such a difficult and somehwhat thankless task and to publisher/editor for supporting their efforts. I started my appraising career 30 years ago this summer while a risk managment/real estate major in Tallahassee at FSU. I finally made it to Oralndo and the largest MAI firm, Pardue, Heid, Church, Smith and Waller as commercial appraiser in 1989, just in time for the first group to qualify for certification as general appraiser. My number RZ0000324.
I very much appreciate the effort to educate the public AND especially real estate and banking Professionals about the realities of today’s market and how we arrived at such a mess. Having also been an instructor, broker, politician, builder, taxpayer, homeowner, landlord, special magistrate(tax hearings) and a member of the VAB(valuation adjustment board), I have seen this issue from all perspectives and it is not easy to explain without angering someone or putting them to sleep. Every journey begins somewhere and we must learn from this debacle or we will certainly repeat it. Thanks again for taking the first step in this thankless journey.
J.G. Newberry, M.S.


8 Terry March 2, 2010 at 10:19 pm

If I understand the process, much of art of appraising a property is based on trend extractions. If the market is trending upward, by say 5% over a 3 month period then an appraisal can reflect this trend to support a price that may be higher than is currently the case.

However, when the trend is downward, it seems like it would be extremely difficult to reverse this trend, because the appraised value is always going to be equal to or less than the market value because there’s no empirical evidence to support a higher price. So outside of someone paying cash, or a downpayment sufficent enough to satisify the banks regardless of the lack of a trend, this method essentially puts an upper ceiling on the market.

I understand why this is the way it is, but if I were buying a property now, I certainly would wish there were other appraisal methods to over come this catch 22.