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RIDERDOWN
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Reged: 04/06/07
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appraisal
      #121063 - 07/26/07 05:12 PM (74.95.36.65)
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Ok, my stbx wants to buy me out of my half of the house. I had a realtor do a market analysis and submitted it to her via my atty. Apparently she didn't like what she saw. My atty has informed me that she wants an appraisal done. Now I got a call from this guy who is a real estate appraiser who wants to make an appointment to do the appraisal.

My question is this. Should I trust this guy. He was contacted by the stbx's atty. I don't know the relationship that exists between the atty and the appraiser. Should I tell my atty that I want the bank who holds the mortgage to do the appraisal to ensure its fair?

Comments? suggestions?

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When there is a hill to climb, don't think that waiting will make it smaller.


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Samsung
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Re: appraisal [Re: RIDERDOWN]
      #121065 - 07/26/07 05:14 PM (71.214.154.132)
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"Should I tell my atty that I want the bank who holds the mortgage to do the appraisal to ensure its fair?"

This is probably the only way to get a fair estimate. Expect it be a bit lower than a realator estimates. Are you planning on selling? If so, you can deduct the selling expenses. If not, you can't.


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gigi
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Re: appraisal [Re: RIDERDOWN]
      #121072 - 07/26/07 05:30 PM (68.110.71.127)
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Your stbx & her lawyer can hire whatever hired guns, experts, appraisers, they want. And that person has the right to have access to the things he's going to be evaluating. That doesn't mean you have to agree with the appraisal when it comes up. If his appraisal is unreasonably low, you take it to your appraiser & ask them to take a look & explain what that person might have missed that would have made the appraisal low. If it's within the general range of what your appraiser said the house should go for, then what you will want to do is bring in proof that YOUR house is worth more than that, like photos to prove you've kept it in good condition, etc.

If she plans on keeping the house, she doesn't get to deduct the costs of sale from it (about 8%, depending upon the realtor's full commission custom in your area... add about 2% onto the commission for other costs & that's what costs of sale would be) when paying your half to you. If she insists on deducting the costs of sale, then simply SELL it & split the proceeds in half rather than go with appraisals & litigating the issue with the cost of expert testimony & etc.

Your own appraiser should be able to explain what's wrong with her appraisal if it's significantly different from yours, and if it's that the appraiser is really inexperienced or has some tie to your stbx's attorney, your laweyr should be able to find that stuff out. Truly, it doens't make them look good to go to court with an appraiser who looks biased, becasue it makes the rest of their case at risk, so she's probably just hoping to get a lower appraisal. Of course, if your appraiser kind of went a little high to try to help you, that goes teh other way, too.


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RIDERDOWN
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Re: appraisal [Re: gigi]
      #121078 - 07/26/07 05:48 PM (74.95.36.65)
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G,

What I had done was not an appraisal, but a market analysis based on about 20 similar properties that have sold or are on the market now. Based on that he came up with an average price per SQ Ft. He said that is what he would list the property at if he were to list it.

What she wants is an appraisal. My atty suggested that I pay for half on the assumption that it might make him a bit less bias, not working for one side or the other. But I'm just starting to get an uneasy feeling in my gut.

Guess I'm looking for an educated gut check.

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When there is a hill to climb, don't think that waiting will make it smaller.


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stoltz
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Re: appraisal [Re: RIDERDOWN]
      #121084 - 07/26/07 05:59 PM (32.97.110.142)
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Just keep in mind that even if you hired 5 different appraisars, you'd get 5 different figures. Each appraisar has his own method of arriving at a price and there is no one exact formula. If the appraisal is done and you don't like it, hire your own appraisar to see if it can be higher as the appraisar may be under pressure from the STBX's side to have it come lower.

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gigi
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Re: appraisal [Re: RIDERDOWN]
      #121092 - 07/26/07 06:52 PM (68.110.71.127)
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You are right to be concerned, becuas ethe number given to you by your marketer is probably a little high, accounting for whatever the discount is that most houses go for in your area... like where I am, these days, houses are coming in with sales at 5% less than their asking price. I recently got a house sold for 1% less than asking, so I practically jumped up & down with glee over it, realizing that we'd priced it right to move (it HAD to move fast, we had issues with carrying costs). In the end, it ended up with a higher price per square feet than elsewhere in the neighborhood, because we cute-d it up a lot I priced it lower than some of the more cluttered ones in the neighborhood that had been trying to get "top dollar" and were holding out for that.

If you've got someone, like a DIVORCING COUPLE, for example, across the street with a similar house, trying to sell it for the price that each of them is convinced it's worth, someone like me can come in at a percentage point lower price, clean it up a bit nicer, and get a quick sale without any carrying costs (this last sale was within a week of putting it on the market... not having to pay a SINGLE mortgage or utility payment for the time it was on the market sure makes the value of the sale worth the 1% we came down on teh price!)

For your purposes, you're trying to BE the guy who is demanding top dollar, in a market that's failing and not bound to rebound for... I'm thinking it's going to be 2 years, though all the real estate people are talking it up that it's turning around now... the real cycle of things hasn't had time to play itself out yet, so I don't think we've seen the bottom... But I don't have incentive to talk it up & try to get someone to sell at a high price (I want to find a bargain to buy & fix up, but these days it's almost a better idea to buy & rent out in a lease purchase type deal... the point being that I'm THINKING the market is low... it prevents me from losing my shirt by paying more than a property can re-sell for.

Your position is the flip of mine. You want to talk UP your property... to make it seem like the best available, the highest valued. Unfortunately, the value placed by your realtor/marketer is probably high, designed to get you to place it on the market in the hopes of getting a good price, after which they might try to talk you down in price.

Rather than put it on the market to sell at a dream price in a down market, consider getting yourself an independent appraisal if you disagree with your stbx's appraiser. If your independent appraisal comes up with a similar finding, you'll want to consider accepting it.

Your market analysis would not be the best indicator in court. Generally, the judge would take whatever evidence the parties decide to present and determine whether it's valid, whether the source is reliable... and if you have issues with it, whether you can sufficiently articulate & cross examine on those issues to prove that the report isn't as good as it says.

If people came in saying they AGREED that the mansion was worth $10, the judge would say "fine, give him $5", and would shrug & go on, knowing there was something that they were hiding but not really caring since they agreed. If they came in saying they looked at Zillow that said it was worth between $400,000 and $500,000, the judge would listen to what each had to say & show (photos) about the likelihood that the hosue would be on the high end or the low end, and would make a decision based upon that... but if one person came in with Zillow and the other came in with a state-certified appraiser's valuation saying it's worth $379,500... the judge will PROBABLY go with the certified appraiser's value. You will nto want to put your market analysis by a realtor who might think he could get your business, up against the numbers given by a certified appraiser.

I don't knwo fi you want to pay her appraiser or if you want to get an independent one, that's your choice. If I were you, knowing that you're probably a little worried, and it's probably going to be appraised a bit lower than the market analysis showed... I'd probably hire my own appraiser.

But that's just me.


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HardKnox
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Re: appraisal [Re: RIDERDOWN]
      #121141 - 07/27/07 08:55 AM (65.165.5.70)
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FWIW, I had a market analysis done on my marital property and it came in ($143K) a good $12K below the appraisal ($155K). The market analysis was around $11K above the estimated fair market value ($132K) on my property tax bill.

The appraisal came in EXACTLY where I figured the place would actually sell for. The market analysis really doesn't take into account things like premium quality casement windows, steel security doors, alarm system, etc.


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sad3besingle
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Re: appraisal [Re: HardKnox]
      #121142 - 07/27/07 09:02 AM (66.231.10.150)
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Good points HK... My market analysis turned out to be about $10k less than what our house sold for.

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That which does not kill me, makes me stronger


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KGrow
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Re: appraisal [Re: RIDERDOWN]
      #121155 - 07/27/07 09:40 AM (24.8.144.220)
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My EX was at home when the female appraiser came to visit. She followed her around and pointed out flaws and alleged flaws which the appraiser dutifully enumerated in her report. I hired the appraiser and so I couldn't throw it out and start over; I got screwed.

Appraisals are subjective. I suggest a market based approach; visit www.zillow.com


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gigi
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Re: appraisal [Re: HardKnox]
      #121174 - 07/27/07 11:39 AM (68.110.71.127)
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I think this can be a crapshoot, but it has a whole lot to do with what the market is doing and what your particular house looks like.

Since you want the highest value possible, you're going to want to follow the appraisr around & talk about the crown moldings, the upgraded faucest, the fact that you've got tile rather than carpet, stone rather than ceramic.

Zillow is a good starting point, but in some areas it's totally off base.

And any method of valuation will have it's own range within which it might be accurate... if the range is, say, plus or minus 10%, then you'll want to argue to the judge that it should be valued at the PLUS side, so have all the reasons available on that... because 10% can be a HUGE difference in the number of Starbucks' venti espresso drinks you'll be able to afford with your share of the price!


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