Appraisal Contingency

Appraisal Contingency

Appraisal Contingency Overview/Information:

 

Spotlight: “Buyer Waives the Appraisal Contingency”  This means almost NOTHING.  Why does it mean nothing ? There is NEVER an appraisal contingency on conventional unless it is added. You may want the buyer to WAIVE the FINANCING contingency (consult lender/attorney first)  OR… Add an appraisal contingency to show where the property really needs to appraise and provide proof of funds for the shortfall. Like this Sale Price = 330k. Buyer can pay up to 15K over appraised value...so...add the FAR?BAR appraisal contingency at 315K and show the listing agent an addition POF for the 15K....if you are listing agent you should be asking for the POF and even better if you can get them to remove the Financing Contingency. 



There is lots of confusion about an appraisal contingency. Here are the basics (all answers are based on the Far/Bar contract):

 

  1. What does an appraisal contingency do for a conventional loan?  Allows the buyer to cancel the contract if property does not appraise and get their escrow back or they can waive the contingency and proceed.  There are dates and deadlines for getting the appraisal and notifying the seller.  The seller can’t cancel the contract, nor are they obligated to lower the price, though negotiating is common.
  2. What about FHA/VA? FHA or VA loan includes an appraisal contingency on the FHA VA addendum. In fact, FHA and VA will not make a loan unless the seller agrees to an appraisal contingency (often an amendatory clause provided by lender).  Allows the buyer to cancel the contract if property does not appraise and get their escrow back or they can waive the contingency and proceed.  There are no specified dates/deadlines in the FHA/VA addendum. The seller can’t cancel the contract, nor are they obligated to lower the price, though ) is common.
  3. Isn’t there an appraisal contingency part of the financing contingency? No. There is no appraisal-to-the-purchase-price contingency built into the core FloridaRealtors/Florida Bar Contract. If a buyer wants to have the option to get out of the contract if the property fails to appraise to the purchase price, he or she should use the  Comprehensive Rider F, Appraisal Contingency.  Many people incorrectly believe the language in the contract financing paragraph acts as an appraisal-to-the-purchase-price contingency in all cases. The appraisal language in the financing provision only states that the buyer is able to potentially get out of the deal should the appraisal not meet the terms of the Loan Approval. As such, a lender may not require the property to appraise to the purchase price if a buyer is contributing a large down payment. https://www.floridarealtors.org/law-ethics/library/florida-real-estate-contract-laws
  4. How do I find the FHA/VA Addendum or Appraisal Contingency (for conventional buyers) in Dotloop? From your initial docs folder:
    1. Add document
    2. Templates
    3. Florida Interactive Forms

                                                               i.      Federal Housing Administration/Veterans Affairs (FAR/BAR CR 5X E) FHA/VA

                                                             ii.      Appraisal Contingency (FAR/BAR CR-5x F)

  1. What if we get a low appraisal and there is NO Appraisal Contingency?  In is not uncommon to have low home valuations in a hot real estate market. Home appraisals are largely based on comparable home sales that closed previously and prices/demand are trending upwards. In a real estate market where supply can’t keep up with the demand, home buyers may get into bidding wars. These bidding wars drive prices up. Sellers have a choice and they will likely choose a home without an appraisal contingency.  In hot markets, it becomes virtually inevitable that home values will at some point be unable to keep up with how quickly homes are selling. The result – lower-than-expected appraised values. You may have heard that a property is worth whatever someone is willing to pay for it. Here are some ideas for what you can do:

·        Dispute the Appraisal

·        Renegotiate the Purchase Price

·        Increase Your Downpayment

 

  1. Can I use an appraisal contingency with an escalation clause? Yes. 

 

  1. What if my buyer wants to back out of their contract and get their deposit back?  If they have an appraisal contingency, then they are within their rights to back out and get their deposit back.  If they do not have an appraisal contingency, then they may have an issue.  Time to negotiate.  Can they still get the loan if it does not appraise? If not, and they are within the financing contingency period, then they can cancel due to a loan denial. 

 

 

Handy Links: https://www.floridarealtors.org/news-media/news-articles/2020/07/financing-contingency-vs-appraisal-contingency

 

https://www.berlinpatten.com/understanding-the-appraisal-contingency/

 

https://ablawfl.com/florida-appellate-court-muddles-far-bars-finance-contingency-putting-escrow-deposits-at-risk/

    • Related Articles

    • FHA/VA Addendum

      Where in dotloop can I find the FHA VA addendum in Dotloop?   Go to your Initial Docs folder Click add document (to the right of the folder name) Click templates Scroll the down the list of folders on the left to FHA/VA Click FHA/VA Form is ...
    • Contract time periods: counting due dates and deadlines

      Line 435 Section F of the FAR/BAR As Is Contract TIME: Time is of the essence in this Contract. Calendar days, based on where the property is located, shall be used in computing time periods. shall be used in computing time periods. Other than time ...
    • Home Inspection Disclosure-Waiver

      Dalton Wade always recommends a home inspection. We love the home inspection disclosure and strongly recommend it when a buyer is not getting a home inspection or has waived the inspection. This form contains a recommendation to the buyer to obtain a ...
    • Zillow purchase contract

      Zillow contract: Here are a few Notations that we have made regarding the Zillow contract: IMPORTANT: Dalton Wade Agent Support agents are nonlawyer’s and the following statements are not legal advice. Please reach out to an attorney for any specific ...
    • Getting ready for a listing.

      Getting Ready for a Listing Please use this outline a training guide.  Follow the steps and take advantage of the resources available to you and you will be better equipped than many experienced real estate agents. Pre-requisites: MLS Basic Course ...