Appraisers, Real Estate Federal Regulations

Jan 12, 2024

17 Min Read

1. How are real estate appraisers selected for a specific property?

Real estate appraisers are typically selected by either the buyer, seller, or lender involved in a real estate transaction. The selection process may vary depending on the purpose of the appraisal.

For mortgage financing, lenders typically have a list of approved appraisers that they work with. They may use their own internal staff appraisers or contract with independent appraisers. The lender will select an appraiser from their list, usually based on their expertise in the specific type of property being appraised and their geographic coverage area.

In other cases, such as when buying or selling a property, the individual hiring the appraiser may have more control over the selection process. They can research and contact appraisers directly to request quotes and review their qualifications before making a decision.

2. Can I choose my own real estate appraiser?
As mentioned above, for mortgage financing, lenders typically have a list of approved appraisers that they work with. In this case, you may not be able to choose your own appraiser unless it is someone already on the lender’s list.

However, if you are hiring an appraiser for other purposes, such as buying or selling a property, you can typically choose your own real estate appraiser. It is important to do your research and find an experienced and qualified professional who has knowledge of the local market and expertise in the type of property being appraised.

3. How much does a real estate appraisal cost?
The cost of a real estate appraisal can vary depending on factors such as the location, type of property, and purpose of the appraisal. On average, they can range from $300 to $500 for a regular single-family home appraisal.

Additional factors that may affect the cost include complexity of the property (e.g., multi-unit buildings or properties with unique features), time constraints (rush orders), and any special requirements (e.g., additional research or additional reports).

4. How long does a real estate appraisal take?
The timeframe for a real estate appraisal can vary depending on factors such as the location, type of property, and purpose of the appraisal. On average, the process can take anywhere from 2 to 10 days.

Additional factors that may affect the timeline include complexity of the property, availability of necessary information and records, and any backlogs at the appraiser’s office.

5. What factors do real estate appraisers consider when determining a property’s value?
Real estate appraisers consider a variety of factors when determining a property’s value, including:

– Location: The local market and neighborhood can have a significant impact on the property’s value.
– Size and features: The size and features of a property, such as number of bedrooms and bathrooms, amenities, and upgrades can all affect its value.
– Condition: The overall condition of the property is also taken into consideration.
– Comparable properties: Appraisers will look at recently sold properties in the area that are similar to the subject property to determine its value.
– Economic trends: The current state of the economy, interest rates, and supply and demand in the housing market all play a role in determining a property’s value.
– Legal restrictions: Any legal restrictions or zoning regulations that may affect the use or potential development of a property will also be considered.

2. Can an appraiser be held liable for errors or discrepancies in their appraisal report?


Yes, an appraiser can be held liable for errors or discrepancies in their appraisal report. If their negligence or incompetence caused financial harm to the client, the client may have grounds to sue the appraiser for damages. The appraiser has a professional duty to exercise due care and competence in preparing the report and must adhere to accepted industry standards. They may also face disciplinary action from their licensing board if they are found to have violated any laws or regulations governing their profession.

3. What qualifications or certifications does an appraiser need to have?


The qualifications and certifications required for an appraiser can vary depending on the specific type of appraisal they are conducting and the jurisdiction in which they are operating. However, some common requirements include:

1. Education: Most appraisers have at least a bachelor’s degree, preferably in a related field such as economics, accounting, or real estate.

2. Experience: Many jurisdictions also require appraisers to have a certain amount of experience in their field before becoming licensed or certified.

3. Licensing or Certification: In most states and countries, appraisers are required to hold a license or certification to practice. This typically involves passing an exam and meeting specific education and experience requirements.

4. Continuing Education: Appraisers are often required to participate in continuing education courses to stay up-to-date with industry standards and maintain their license or certification.

5. Specialized Training: Some types of appraisal may require additional specialized training or certification, such as valuing historical properties or conducting environmental assessments.

Overall, the qualifications and certifications for an appraiser are designed to ensure that they have the necessary knowledge and skills to accurately determine the value of a property or asset according to established standards and regulations.

4. Are there any federal regulations that govern the appraisal process?


Yes, there are several federal regulations that govern the appraisal process, including:

1. The Uniform Standards of Professional Appraisal Practice (USPAP) – These are standards established by the Appraisal Foundation and are recognized as the industry standard for appraisals in the United States.

2. Federal Financial Institutions Examination Council (FFIEC) Guidelines – These guidelines provide instructions for financial institutions on how to establish an independent appraisal and evaluation program.

3. Dodd-Frank Wall Street Reform and Consumer Protection Act – This legislation created new minimum standards and requirements for appraisals in mortgage lending transactions.

4. Equal Credit Opportunity Act (ECOA) – Requires lenders to provide copies of appraisals and other written valuations used in a credit transaction to borrowers upon their request.

5. Truth in Lending Act (TILA) – Requires lenders to disclose all fees associated with a mortgage loan, including appraisal fees.

6. Real Estate Settlement Procedures Act (RESPA) – Requires certain disclosures be provided to consumers regarding settlement costs, including appraisal fees.

7. Home Valuation Code of Conduct (HVCC) – A set of rules implemented by Fannie Mae and Freddie Mac that require appraisers to be selected through an independent third party rather than being chosen by lenders or mortgage brokers directly.

5. How often do appraisals need to be updated for a property?


Appraisals should typically be updated every 1-3 years, especially if there have been significant changes in the real estate market or to the property itself. Some lenders may require an updated appraisal for a mortgage refinance, while others may accept an appraisal that is within a certain timeframe (e.g. within the past 6 months). Ultimately, it is up to the discretion of the lender and may also depend on the purpose of the appraisal (e.g. for a new loan vs. for refinancing).

6. What happens if an appraisal comes back significantly lower than the agreed upon price for a property?


If an appraisal comes back significantly lower than the agreed upon price for a property, it can have several implications:

1. The seller may need to lower their asking price: If the property is being sold for market value and the appraisal shows it to be significantly lower, the buyer may request that the seller lower their asking price to match the appraised value. This can result in renegotiations of the contract terms.

2. The buyer may need to make a larger down payment: If there is a discrepancy between the appraised value and the agreed upon price, the lender may only be willing to lend up to a certain percentage of the appraised value. This means that the buyer will need to make a larger down payment in order to secure financing.

3. The buyer may choose to walk away from the deal: If an appraisal comes back significantly lower, it may be an indication that the property is overpriced or has hidden issues. In this case, the buyer may choose not to proceed with purchasing the property.

4. The seller may dispute the appraisal: If the seller believes that their property is worth more than what was appraised, they may choose to dispute the appraisal report and provide additional evidence or counter appraisals.

5. A new appraisal may be requested: In some cases, if there are concerns about accuracy or discrepancies in an appraisal report, either party may request a new appraisal from a different appraiser.

It is important for both buyers and sellers to be aware of potential discrepancies between appraisals and agreed upon prices in order to negotiate any necessary adjustments or determine whether proceeding with the transaction is still feasible for both parties.

7. Are there restrictions on who can order an appraisal and pay for it?

Generally, anyone can order and pay for an appraisal. However, if the appraisal is being done for a mortgage loan, the lender will typically require it to be ordered through them and paid for by the borrower. Additionally, some states have laws that prohibit any party with a financial interest in the property from ordering or paying for the appraisal. It’s important to check state laws and regulations regarding appraisals before placing an order.

8. What protections are in place to prevent biased or inaccurate appraisals?


There are several protections in place to prevent biased or inaccurate appraisals, including:

1. Appraisal Standards: Appraisers are required to comply with the Uniform Standards of Professional Appraisal Practice (USPAP), which sets forth ethical and professional standards for conducting appraisals.

2. Licensing and Certification Requirements: Appraisers must hold a valid license or certificate from their state’s appraisal board, which requires them to meet education and experience requirements and pass a competency exam.

3. Independence: Appraisers must remain independent and have no personal interest in the outcome of the appraisal. They cannot receive any compensation that is contingent on the value conclusion of the appraisal.

4. Competency: Appraisers are expected to have specialized knowledge and expertise in the specific type of property being appraised.

5. Quality Control Processes: Most appraisal firms have internal quality control processes in place to ensure accuracy and objectivity in their appraisals.

6. Enforcement Actions: State appraisal boards have the authority to discipline or revoke the license of an appraiser who engages in unethical or biased behavior during the course of an appraisal.

7. Review Process: Lenders may request a review of an appraisal if they have reason to believe it may be biased or inaccurate. This process involves obtaining a second opinion from another qualified appraiser.

8. Complaint Process: Borrowers can file a complaint with their state’s appraisal board if they believe an appraisal was biased or inaccurate. Boards will investigate these complaints and take appropriate disciplinary action if necessary.

9. Is an appraisal required for every real estate transaction or just certain types?

An appraisal is not required for every real estate transaction. It is typically only required when a lender is involved in the transaction, such as when a buyer is obtaining a mortgage to purchase the property. In these cases, the lender will require an appraisal to ensure that the property’s value supports the amount of the loan. However, some buyers may also choose to obtain an appraisal even if it is not required by their lender, as it can provide valuable information about the property’s market value.

10. Can sellers or buyers request a specific appraiser for their transaction?


No, neither sellers nor buyers can request a specific appraiser for their transaction. Appraisers are selected by the lender or a third-party appraisal management company to ensure objectivity and impartiality in the appraisal process. The appraiser must also be state-certified or licensed, so the lender may have limited options to choose from in a given area.

11. How do federal regulations protect the confidentiality of appraisal reports?


Federal regulations protect the confidentiality of appraisal reports in several ways:

1. Uniform Standards of Professional Appraisal Practice (USPAP): USPAP is the industry standard for real estate appraisals and is recognized as the authoritative source for professional appraisal standards in the United States. One of the key requirements of USPAP is that appraisers confidentially handle all appraisal information, including the final report.

2. The Gramm-Leach-Bliley Act: This federal law requires financial institutions to protect customer information, including any personal or financial information obtained during the appraisal process. This includes protecting the confidentiality of appraisal reports.

3. Dodd-Frank Wall Street Reform and Consumer Protection Act: Under this legislation, appraisal management companies (AMCs) are required to implement policies to ensure that confidential information obtained during an appraisal is not disclosed to unauthorized individuals or entities.

4. Confidentiality agreement: Prior to conducting an appraisal, appraisers must typically sign a confidentiality agreement which outlines their legal responsibility to keep all materials, findings, and data collected during an assignment confidential.

5. Non-Disclosure Clause: Many appraisal reports also include a non-disclosure clause stating that the report is intended solely for use by the client and may not be distributed or disclosed without written consent from the appraiser.

6. State regulations: In addition to federal regulations, states also have their own laws and regulations pertaining to confidentiality in appraisals. These laws may vary slightly from state to state but generally aim to protect sensitive personal and financial information contained within appraisal reports.

12. Can local market conditions impact the accuracy of an appraisal?


Yes, local market conditions can impact the accuracy of an appraisal. Local market conditions such as the current supply and demand for properties, recent sales trends, and economic factors can affect the value of a property. An appraiser takes these factors into consideration when determining the fair market value of a property. If there are fluctuations or significant changes in the local market, it could impact the appraiser’s calculations and ultimately the accuracy of the appraisal.

13. What recourse is available if there is evidence of fraudulent behavior by an appraiser?


If there is evidence of fraudulent behavior by an appraiser, you can take the following steps:

1. Report the Appraiser
You can report the appraiser to their licensing board or state appraisal regulatory agency. They will investigate the issue and take appropriate action if necessary.

2. File a Complaint
You can file a complaint with the appraisal management company or lender who hired the appraiser. They are responsible for ensuring that appraisals are completed accurately and ethically.

3. Contact Law Enforcement Authorities
If you have solid evidence of fraud, you can contact law enforcement authorities such as your local police department or the FBI to report the fraudulent behavior.

4. Hire Another Appraiser
If you believe the original appraisal was inaccurate or fraudulent, you can hire another licensed appraiser to conduct a second opinion and provide evidence to support your claims.

5. Seek Legal Action
You may want to consult with a lawyer to discuss your options for legal action against the appraiser or other parties involved in the transaction, such as the lender or real estate agent.

It is important to act quickly and gather as much evidence as possible if you suspect fraudulent behavior by an appraiser. The earlier you address the issue, the more likely it is that corrective action can be taken.

14. Is there a difference between residential and commercial property appraisals in terms of regulations and requirements?


Yes, there are differences between residential and commercial property appraisals in terms of regulations and requirements. Generally, residential properties are appraised for the purpose of obtaining a mortgage loan or establishing the fair market value for tax purposes. In contrast, commercial properties are typically appraised for a wider range of purposes such as investment analysis, insurance purposes, or to support business decisions.

The main difference between residential and commercial appraisals lies in their approach and methodology. Residential appraisals typically use the sales comparison approach where the appraiser will look at comparable properties in the local market to determine the value of the subject property. Commercial appraisals on the other hand may use multiple approaches such as income capitalization, cost approach, and sales comparison approach to account for factors such as rental income potential and replacement cost.

In addition, there are different regulations and guidelines that govern residential and commercial appraisals. For residential properties, appraisers must follow guidelines set by federal agencies such as Fannie Mae or Freddie Mac. Appraisers conducting commercial property valuations must adhere to state-level standards set by appraisal regulatory bodies.

Overall, both residential and commercial property appraisals require extensive knowledge, experience, and attention to detail in order to provide an accurate valuation of a property.

15. How long does an appraisal typically take to complete?


The time to complete an appraisal can vary depending on the complexity of the property and the availability of information. In general, a residential appraisal can be completed in 1-2 weeks. Commercial appraisals may take longer due to the larger size and scope of the property. Appraisal for unique or specialized properties may also take longer. It is best to check with your appraiser for a specific timeline for your property.

16.Can lenders use their own in-house appraisers, or are they required to use independent third-party appraisers?


Lenders are required to use independent third-party appraisers for most types of loans. This is to ensure an unbiased and accurate valuation of the property. However, in some cases, lenders may be permitted to use their own in-house appraisers for certain types of loans, such as portfolio loans or when refinancing an existing loan held by the same lender.

17.What role does the government play in regulating real estate appraisers?


The government plays a significant role in regulating real estate appraisers, primarily through the oversight and enforcement of laws and regulations related to the appraisal profession. Some specific ways in which the government regulates real estate appraisers include:

1. Licensing: In most states, real estate appraisers are required to obtain a license from the state in order to legally practice. The government sets the requirements for obtaining a license, which typically include education, experience, and examination requirements.

2. Certification: In addition to licensing, some states also have a certification process for appraisers who want to specialize in higher-value or complex properties. This may require additional education and training.

3. Standards: The government establishes uniform standards that all real estate appraisers must adhere to when conducting an appraisal. These standards aim to ensure accuracy, impartiality, and consistency in valuation methods.

4. Supervision: The government often supervises real estate appraisers through state regulatory boards or agencies. These entities oversee the licensing and certification processes and investigate complaints against appraisers.

5. Disciplinary actions: If an appraiser is found to be violating ethical standards or engaging in fraudulent practices, the government has the authority to take disciplinary actions such as revoking their license or imposing fines.

6. Monitoring housing market trends: Government agencies such as the Federal Housing Finance Agency (FHFA) monitor housing market trends and provide guidance on appraisal practices. They also regulate appraisal-related activities for mortgage lenders Fannie Mae and Freddie Mac.

7. Consumer protection: One of the primary roles of the government is to protect consumers from fraud and unethical practices in the real estate industry. This includes regulating real estate appraisals to ensure that borrowers are not overpaying for properties based on inflated values.

Overall, the government plays a crucial role in maintaining transparency and integrity in real estate valuations through its regulation of real estate appraisers.

18.How do changes in interest rates affect the appraisal process?


Changes in interest rates can affect the appraisal process in several ways:

1. Impact on property values: As interest rates rise, it becomes more expensive for buyers to take out loans and purchase homes. This can lead to a decrease in demand for properties, which can lower property values and affect the appraised value of a property.

2. Financing options: Higher interest rates may make it harder for buyers to secure financing, especially for larger loans. This can limit the pool of potential buyers and potentially result in a lower appraised value for the property.

3. Time adjustments: When conducting an appraisal, appraisers use comparable sales data from recent transactions to determine the value of a property. If interest rates have changed significantly since those transactions took place, the appraiser may need to make time adjustments to account for the impact of interest rates on property values.

4. Commercial properties: Changes in interest rates can also affect commercial properties, especially those that rely on financing such as office buildings or retail spaces. Higher interest rates may lead to higher borrowing costs for businesses, which could impact their ability to pay rent and ultimately affect the appraised value of the property.

5. Refinancing valuations: Fluctuations in interest rates can also influence the decision-making process for homeowners looking to refinance their mortgages. A decrease in interest rates may lead to an increase in refinancing activity, which could result in a higher number of recent sale prices used by appraisers when determining the value of a property.

In general, changes in interest rates can have an indirect but significant impact on the appraisal process by affecting market conditions and demand for properties. Appraisers must consider these factors when determining the fair market value of a property.

19.Is it necessary to obtain multiple appraisals when purchasing a property?


It is not necessary to obtain multiple appraisals when purchasing a property, but it can be beneficial in certain situations. An appraisal is an estimate of the value of a property, conducted by a licensed appraiser. Appraisals are typically required by lenders to determine the value of the property before approving a loan.

Some potential reasons for obtaining multiple appraisals include:

1. Comparing values: Different appraisers may have slightly different methods and approaches to valuing a property. By obtaining multiple appraisals, you can compare the values given by each appraiser to get a better understanding of the potential range of values for the property.

2. Negotiating price: If you disagree with the appraisal value given by one appraiser, having another appraisal done may give you more leverage in negotiating the price with the seller.

3. Property uniqueness: In some cases, properties may be unique or have special features that could affect their value. In these situations, it may be helpful to obtain multiple appraisals to get a more accurate understanding of the property’s value.

4. Lender requirements: Depending on the lender and loan type, they may require multiple appraisals for certain properties or if there are discrepancies between different appraisals.

Ultimately, whether or not you should obtain multiple appraisals when purchasing a property will depend on your specific situation and needs. It’s always best to consult with your real estate agent and lender to determine if it would be beneficial in your case.

20.Are there any updates or changes expected in federal regulations related to real estate appraisals in the near future?


Yes, there are several updates and changes expected in federal regulations related to real estate appraisals in the near future:

1. Increase in the threshold for residential real estate transactions exempt from appraisal requirements: The Federal Reserve, FDIC, and OCC recently issued a final rule increasing the threshold for residential real estate transactions requiring an appraisal from $250,000 to $400,000. This change will go into effect on October 9, 2019.

2. Modernization of appraisal regulations: The Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council (FFIEC) has proposed a rule to modernize appraisal regulations by incorporating changes made by the Dodd-Frank Act. This includes eliminating outdated language and aligning definitions with current industry practices.

3. Clarification of waiver criteria for rural areas: The Consumer Financial Protection Bureau (CFPB) has proposed a rule that would clarify the criteria under which certain loans for properties located in rural areas are eligible for a waiver from certain appraisal requirements.

4. Updates to Truth in Lending Act (TILA): The CFPB has proposed amendments to TILA implementing section 1078 of the Dodd-Frank Act, which requires lenders to provide free copies of all appraisals and other written valuations to borrowers.

5. Increased oversight and enforcement of appraisal regulations: The ASC has stated its commitment to increased enforcement efforts in order to protect consumers against AMC fraud and support state regulators enforcing compliance with relevant laws.

Overall, these updates and changes indicate a focus on increasing efficiency and effectiveness while maintaining consumer protections within federal appraisal regulations. It is important for professionals in the real estate industry to stay informed about these changes as they occur.

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