Top Reasons Appraisers Are Sued - ALIA Riverton Insurance Agency Corp. (2024)

Top Reasons Appraisers Are Sued - ALIA Riverton Insurance Agency Corp. (1)

November 20, 2020

Lawsuits leveled againstReal estate appraisal professionals are usually pursued by plaintiffs who are ultimately disappointed with a home’s value that was determined by the appraiser. Even if an appraiser took every precautionary measure to limit the chances of being sued, there is still the chance of ending up as the accused. But while most lawsuits against appraisers are frivolous, there is always the potential for legitimate cases where clients may pursue legal action.

Reasons Why People Sue Real Estate Appraisal Professionals

An appraiser’s job is to inspect a property to determine the current value of it. Most of the work to determine the overall value of a real estate appraisal occurs during the inspection of the home, where the appraiser does everything from conduct room-by-room walkthroughs to valuing amenities like pools and basem*nts to noting the health or safety code violations for the official report. However, like any job, there is always the risk of error taking place, whether intentional or unintentional.

Here are some situations in which an appraiser may find themselves on the wrong end of a lawsuit:

  • Negligence: One way negligence claims can occur concerns the square footage of a property. Since appraisers are supposed to measure a property but often don’t, a client may feel they were being taken advantage of for the benefit of the appraiser’s time. As for allegedly failing to notice fire damage, termite infestations, or a leaky roof, appraisers should have accountability for that which they should sensibly find in a standard inspection process. Appraisers may miss actual physical details, which could open them to lawsuits related to negligence, like cracks or leaks. However, clients should not expect appraisers to uncover every delinquency in a property’s integrity.
  • Fraud: Appraisal fraud falls into the same category as mortgage fraud and is an intentional act by the real estate appraisal professional that ends up hurting their client. Appraisal fraud occurs when a home’s value is intentionally appraised at an overstated rate by the appraiser in charge, well above actual market value. The inflated value obtained through fraud is then used to help a seller get a better price than the housing market would otherwise justify, and the appraiser may be in on the scam to get a kickback or percentage of their earnings.
  • Property Damage: Appraisers may review a property without an owner onsite, such as appraising vacant properties. It may be possible that a real estate appraisal professional faces accusations about damage to a property after his or her visit. Unfortunately, it’s hard to prove that an appraiser didn’t cause property damage, such as marks on the wall or broken glass. When it comes down to it, it’s your word against theirs, making proper insurance coverage all the more important.

About Associations Liability Insurance Agency (ALIA)

The ALIA Team (part of the Riverton Insurance Agency Corporation), specializes in helping real estate professionals find the affordable and comprehensive liability insurance they need, without the hassle. ALIA dates its roots to 1991 with the founding of FREA, Foundation of Real Estate Associates. In 2013, ALIA was created to work with multiple insurance companies thereby broadening the portfolio of products to customers. For more information about our products and services, contact us today at (800) 882-4410.

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Top Reasons Appraisers Are Sued - ALIA Riverton Insurance Agency Corp. (2024)

FAQs

Can appraisers make mistakes? ›

Keep in mind there's always the possibility that your appraiser made an honest mistake when writing your report. Here what you should do is sit down with your real estate agent and review the homes your appraiser deemed similar.

Can appraisals be wrong? ›

An appraisal may come in lower than you expected because property values dropped or because you've overestimated your home's market value. But the appraisal process isn't foolproof, and there are options if you think the appraiser got it wrong, or you suspect that you've been subject to appraisal discrimination.

What is the most comprehensive appraisal report? ›

Final answer: The Self-Contained Report is generally the most comprehensive option for appraisal reports. It is frequently used for complex properties and provides detailed information about the property, including market analysis and the processes for determining value.

How accurate are appraisers? ›

There's an acceptable variance when it comes to home appraisals. It usually depends on the prevailing market conditions. In markets with favorable conditions, the difference should be between 2% and 3% of the other values. For markets with challenging conditions, a 10% difference may be acceptable.

How do you fight an unfair appraisal? ›

If you believe that your appraisal is too low, you can challenge the appraisal. Ask your lender for a reconsideration of value (ROV) which is a request to reassess the analysis and conclusions based on additional information that may affect the value of the property.

What are the three errors in the appraisal process? ›

Ideally, performance appraisal should be completely accurate and objective. However, the performance appraisal process is far from accurate and objective, sometimes resulting in rating errors. Common rating errors include strictness or leniency, central tendency, halo effect, and recency of events.

What should never be done in an appraisal? ›

Appraisals should be competence and objective related, and should look forward as well as back. HR departments should administer the system and collate information. They should not conduct the appraisal interviews except for their own staff. Participants should have the chance to see what is recorded about them.

What negatively affects a home appraisal? ›

Extreme clutter or signs of neglect

A severely cluttered home may prevent an appraiser from accessing certain parts of the home, affecting the appraisal. Additionally, signs of neglect such as peeling paint or mold may negatively affect your home's value.

How to successfully dispute an appraisal? ›

Here are six steps to dispute an appraisal you believe is unfair or inaccurate.
  1. Request and Review the Appraisal Report. ...
  2. Check the Comps. ...
  3. Provide Updated Comps if Necessary. ...
  4. Contact Your Lender to Dispute the Appraisal. ...
  5. Request a Second Appraisal.
Nov 24, 2023

What do appraisers look at the most? ›

Appraisers look at the general condition of the home, the home's location, the age of the house, the size, unique features and any improvements made to the home. Many of these aspects, such as the location, age and size, you can't change.

What is the biggest factor in appraisal? ›

Because your home's value is based on the value of similar homes in the area, the local market will have a big impact on your appraisal. If the market is hot, many homes will sell at much higher prices, meaning your home could appraise for higher.

What is a critical appraisal score? ›

Critical appraisal is the process of carefully and systematically assessing the outcome of scientific research (evidence) to judge its trustworthiness, value and relevance in a particular context.

What not to tell a home appraiser? ›

In his post, he lists 10 things as a Realtor (or even homeowner), you should avoid saying to the appraiser:
  • I'll be happy as long as it appraises for at least the sales price.
  • Do your best to get the value as high as possible.
  • The market has been “on fire”. ...
  • Is it going to come in at “value”?
Mar 25, 2019

What are the mistakes during appraisal? ›

Mistake 1: Lack of Clear Criteria and Objectives

For instance, if you're evaluating an employee on their customer service skills, but don't specify what constitutes good customer service for your company, then it's impossible to effectively measure their performance.

Should I trust my appraisal? ›

Why this estimate can matter a lot. Although home appraisals don't necessarily tell you exactly what the likely market value of a home should be, they are very important because mortgage lenders rely on them when deciding whether to give you a mortgage loan or allow you to refinance.

What if I disagree with my home appraisal? ›

Provide your lender with a written description of the problem with the appraisal or evaluation and provide any evidence you may have. For example, if the appraisal or evaluation has an incorrect living area size for the subject property, provide factual evidence which supports your position.

What should you not say to an appraiser? ›

In his post, he lists 10 things as a Realtor (or even homeowner), you should avoid saying to the appraiser:
  • I'll be happy as long as it appraises for at least the sales price.
  • Do your best to get the value as high as possible.
  • The market has been “on fire”. ...
  • Is it going to come in at “value”?
Mar 25, 2019

What if I don't agree with my appraisal? ›

If you review the assessment objectively and feel it is off base, write a rebuttal or provide comments on your performance appraisal. State clearly why you disagree with the evaluation. A rebuttal aims to add a permanent record to your review.

What if my house is messy during appraisal? ›

The short answer is “no, a messy home should not affect the outcome of an appraisal.” However, it's good to be aware that there are circ*mstances in which the state of your home can negatively affect its value.

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