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Rainmaker
1,457,262
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Sounds to me like it would be a conflict of interest, but if the bank doesn't see it that way then who am I to argue?  So long as the appraisal comes in, that's all that matters.

Apr 20, 2020 08:54 AM
Rainmaker
613,006
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

That would be a major conflict of interest...regardless if the appraisal is done by the sellers agent or the buyers agent.

But...how would the lender even know that they were the same?  I don't recall seeing any appraisal with the name of the listing or selling agent.

 

Eve

Apr 20, 2020 09:19 AM
Ambassador
3,377,065
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

No way.  An appraisal in an impartial party's opinion of value.  Listing agent is anything but impartial.

Apr 20, 2020 09:12 AM
Rainmaker
975,812
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I can't imagine a lender finding that acceptable, given the laws in place over the past 10 years. 

 

Apr 20, 2020 09:03 AM
Rainmaker
1,409,130
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I agree with Ryan Huggins - Thousand Oaks, CA 

If the bank allows it, I suppose I'd only hypocritically oppose it if it didn't come in at value. Seems a risky proposition; hope the money is worth the liability.

Apr 20, 2020 12:08 PM
Ambassador
2,632,117
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

I wouldn't recommend it, nor would I use such a person to market my own properties.

Apr 20, 2020 11:33 AM
Rainmaker
638,171
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

If done on behalf of the seller to help set an asking price, this is a wonderful service that an agent/appraiser could do to help the seller be realistic on their pricing.  However, if the appraisal is done on behalf of the buyer's loan, there is definately a conflict of interest and that agent/appraiser should not have accepted the appraisal without fully informing all parties. Any buyer's agent would advise their client to request a different appraiser.

Apr 20, 2020 11:31 AM
Rainmaker
4,734,678
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Sounds like a terrible potential conflict of interest even if it's not illegal to do so. Dual agency is bad enough... but this sounds like it's really pushing the envelope.

Apr 20, 2020 11:06 AM
Ambassador
4,852,101
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

This is a huge conflict of interest. Did bank approve?

Apr 20, 2020 10:32 AM
Ambassador
3,211,934
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I would not think so ... let's see how this one plays out.

 

Apr 20, 2020 10:26 AM
Rainmaker
2,720,045
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

It can be argued and challenged if something goes wrong

Apr 20, 2020 10:21 AM
Rainmaker
921,148
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

If the seller 'purchases' the appraisal in preliminary action to selling, the agent doing the appraising is ok.

As soon as a 3rd party (buyer) and 4th party (lender) enter the fray, an attorney would advise, "When there are CONSEQUENCES you need to get out or lawyer up."

Apr 20, 2020 10:03 AM
Ambassador
1,439,762
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

We had one in our market who attempted to be dual and failed miserably.  Spent more time in court than in the field, lol.  Not advisable!

Apr 20, 2020 09:46 AM
Rainmaker
2,069,947
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Is it acceptable? 

No, at least not to me. 

 

Apr 20, 2020 04:20 PM
Ambassador
3,478,396
Anna Banana Kruchten Phoenix Broker
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

I can smell the conflict....and what comes from that?  Lawsuits.  Why would somebody put themselves or their broker on the line like that? ___________

One word!

Apr 20, 2020 03:36 PM
Rainer
336,000
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

have never seen that.

Apr 20, 2020 01:26 PM
Rainmaker
1,052,671
Peter Mohylsky
PMI. Destin - Miramar Beach, FL

Not really, but did the numbers work out?  We’re there any contentious issues?

Apr 20, 2020 01:21 PM
Rainmaker
2,099,330
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Conflict of Interesr

Apr 20, 2020 09:58 AM
Rainmaker
7,310,904
Roy Kelley
Retired - Gaithersburg, MD

Nope.

Apr 20, 2020 09:56 AM
Rainmaker
1,794,125
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I thought no. Can't be an agent & an appraiser on the same transaction. Anybody here an appraiser? I bet it's in their rules.

Apr 20, 2020 09:01 AM
Rainmaker
760,636
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

What are your State rules? It may be acceptable, however I don't it would be ethical.

Apr 20, 2020 05:49 PM
Ambassador
1,922,910
Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

I would think that would be the 900 lb. gorilla of conflicts-of-interest.

Apr 20, 2020 10:14 AM
Rainmaker
2,186,226
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

I do not believe it is allowed in the great state of North Dakota Wanda Kubat-Nerdin - Wanda Can! 

Apr 20, 2020 07:13 PM
Ambassador
4,763,099
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

NO WAY! Can you say conflict of interest?!

Anyone doing that is just LOOKING for litigation!!

Apr 20, 2020 08:35 PM
Rainer
368,198
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

If seller or buyer get their own appraisal, this is generally never going to be used by a lender. Lenders are not allowed to pick or speak to appraisers, and they would not allow a party to the transaction to pick the appraiser. We all work through a service company that does the assignment and ordering in the dark. HOWEVER on jumbo loans OFTEN two appraisals are required and lenders use the lowest one. 

Apr 21, 2020 11:46 AM
Ambassador
2,132,254
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

That seems like a major conflict of interest.

Apr 21, 2020 06:46 AM
Rainmaker
868,482
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Don't know if it's legal in your state, but certainly sounds like it's a conflict of interest.

Apr 21, 2020 06:03 AM
Rainmaker
3,408,116
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Not if they are getting a mortgage

Apr 21, 2020 05:42 AM