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Low ball, unavailable, inexperienced --- argh! Please advise.

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IOBA
Senior Contributor

Low ball, unavailable, inexperienced --- argh! Please advise.

Two questions...asking for guidance here.

 

Back story - my place was/is??? under contract.  First time, older [senior citizen] buyer.  The Realtor is young.  The Realtor gets upset if people don't respond to the text messages that are often sent.  The Realtor did not realize landlines still exist and CAN'T receive text messages.  Older buyer knows what a cell phone is, but doesn't text.

 

The lender is a family relative to the buyer, young, and inexperienced.  She is also a texter.

 

Problem #1 - the appraisal was lowballed.   We found material errors in the appraisal.  For whatever reason, the appraiser did not include any recent sales in my building (condos), but instead choose to go to neighboring building (condos) for comps.  The neighboring building has a lot of differences in conveniences.  (Think next door is Motel 6 and my building is the Hilton.  Think next door is low end, 2 star and my building is high end, 5 star.)  The appraiser "forgot" to include some key things with my appraisal that have monetary value.  [Think of a two car garage being "forgotten" to be included in the appraisal.  A two car garage has some monetary value!]  We gave the appraiser the last appraisal [done just over a year ago] to help him out.  Using the known facts, the appraisal is off by 25k-50k.  It actually came in lower than the previous appraisal that was done for purchase, despite a 10% increase in real estate values the last year in this county.  

 

The appraiser will not return phone calls or respond to emails from my Realtor.  Makes me wonder....if the appraiser is known to the other side.  The charge is significantly LOWER that what I have paid for appraisals.... I know, I know.  Third party, blind choice for a Realtor.  But I also know that banks can manipulate things to get a certain appraiser.  And appraisers amongst themselves talk and turn down a job for a fellow appraiser.  Not suppose to happen, but I know two appraisers and they say it happens all the time.

 

Problem #2 - the lender.  The lender says they can't ask for a review of the appraisal, despite being given physical proof of the material errors.  The lender said only the buyer can request a review.  Uh.  Why would the buyer, who loves the lowball appraisal, ask for a review?  It's not in the buyers financial interest to do so!  So now the lender says the buyers agent has to request a review.  The buyer's agent said nope, not doing it.  So now the lender says my agent has to ask for the review.  Well, my agent has been trying to get ahold of the appraiser to do so.  The lender also said some other inaccurate things.  Basically, doing everything she can to help the relative get the best deal.

 

My Realtor has been polite, gentle, and as nice as can be, but has not been able to talk to the appraiser, or the appraisal management company regarding the erroneous appraisal.  We need an accurate appraisal.

 

My Realtor has been polite, gentle, and as nice as can be, but has not been able to get through (mentally) to the lender.  The lender just doesn't understand how the process works!    My Realtor is ready to go above the lender's head, but trying to avoid it, so not to upset the loan officer.

 

Any suggestions on how to reach or how to work with either the non responsive appraiser and the inexperienced lender?

 

The other piece is the other Realtorrealtor keeps promising the buyer things she can't deliver!  Mainly saying they can FORCE me to do things that are unreasonable and to continually change the terms of purchase.  I've been flexible and agreed to some purchase changes, but on my terms.  Do I  want to work with them?  Uh.  I don't care for the tactics, but I do need to close.  

 

If I put the property back on the market, it may go under contract again quickly, but it also changes when I can close.  I should be able to hang on until then.  And no, the buyer does not know my personal circumstances.

Message 1 of 5
4 REPLIES 4
JGGM
Frequent Contributor

Re: Low ball, unavailable, inexperienced --- argh! Please advise.

Sounds like you should tell the buyer they can either buy it at your agreed upon price (which may mean more money out of their pocket) or back out. Personally, I think I'd rather them back out if it were me. I wouldn't play the appraisal game. If comps in your complex support your price, then i would hold out for the money - it would be different if you're appraisal was off by just a couple thousand dollars, but this is a rather large discrepancy. 

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Message 2 of 5
IOBA
Senior Contributor

Update - Re: Low ball, unavailable, inexperienced --- argh! Please advise.

Update - thanks for the reply.  Things were crazy for a bit.

 

I told my realtor that I was not going to make any concessions.  Either they pay the agreed upon price, or not.  

 

I told my realtor that the property needed to be relisted as soon as the addendum expired.  

 

My realtor made an extra ordinary attempt to get the appraiser to acknowledge the errors and fix them.  The appraiser verbally acknowledged (long after the deadlines) that yeah, mistakes were made. But HE wasn't going to say anything on record unless he was required to redo the appraisal.  And only the lender could force that.

 

The lender REFUSED to take calls, return calls, or respond to emails.  

 

The buyer addendum expired.

 

With relunctance and a slight delay, my realtor RELISTED my property at my request.  Within 24 hours of the property going back on the market, the buyer had signed the addendum to release the appraisal contigency (and a few other things that had been previously agreed upon previously but the buyer refused to put to paper).

 

So, as frusterating as this was, the deal is going through.  Yeah!

 

And fooey on the loan officer who did NOT do the right thing.  And fooey on the appraiser who did a sloppy job, but kudos to him for verbally owning up to his mistakes.

 

 

Message 3 of 5
JGGM
Frequent Contributor

Re: Update - Re: Low ball, unavailable, inexperienced --- argh! Please advise.

While the process has been stressful, that is excellent news. Congrats on getting the money!!

Current Score 7-1-21: TU: 812 EX: 805 EQ: 839
Goal Score:ACHIEVED - 800 Across the Board
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Message 4 of 5
IOBA
Senior Contributor

Re: Update - Re: Low ball, unavailable, inexperienced --- argh! Please advise.

Haven't closed yet.  Argh!

 

The title company did a switcheroo with regards to fees.  So I got stuck paying double the average (for this area) title and settlement fees.  Yeah, I am VERY unhappy about that.  My realtor, who should have had my back, said let it go.  Really?  I was clear from the start which title company I wanted to use and you told me I could still use that same title company even though the buyer put a different one in the contract.  Then you tell me I CAN'T use a different title company and have to use the buyer's title company?  And then you tell me to let it go that it's costing me DOUBLE what it should in fees?  Argh!!

 

Then the title company sent me the docs with errors on it.  Fine.  I sent documentation showing the errors and asked them to fix it. They did.  Then they told me it was my responsibility to print out the docs, get them notarized, and to return them.  Really???  Then why I am paying you an outrageous fee to handle the closing??  My realtor was apparently ok with this.  No one ever tried to set up an appt with me for closing.  The lesson learned - for me - is NOT to use the other sides title company.  Period.  

 

Then the title company gave me BS about when the sale would be recorded and when the - MY - funds would be disbursed.  I had to remind them of the law.  *insert eye roll*  The sale MUST be recorded within 48 hours - two business days - of the closing AND funds must be disbursed the day the sale is recorded.  Period.

 

And since they can electronically record the sale at the courthouse, there is no valid reason why I would need to wait 7-10 days for the funds to be wired to my account.  

 

This is just a rant.  

 

I am truly grateful things are moving forward, despite the shennigans the "professionals" & the buyer are pulling.

 

And I will be VERY grateful when ALL of the funds that I should receive make it to my bank account.  

Message 5 of 5
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