Atlanta Inspection News! Consumer information: Appraiser been asked to assume some new and unwanted responsibilities

By Michael Antoniak

Appraiser Tony Bamert, Bamert & Associates, Champaign, IL, feels he's been asked to assume some new and unwanted responsibilities on recent appraisal orders and wonders if his are isolated concerns or issues other appraisers are grappling with as well.

"Traditionally, with any conventional appraisal, I'm not asked to touch the mechanical systems in a home in any way," he explains. "But over the last year or so, since the market meltdown, I'm being asked to do things I'm not comfortable with as an appraiser."

Specifically, Bamert is referring to appraisal orders on foreclosed homes with guidelines requesting he "include commentary within the body of your appraisal report which indicates whether the utilities (water, electric, gas) were turned on and operational or turned off at the point of the appraisal inspection." Another's guidelines stipulate, "....Appraisers must state within the appraisal that all utilities including water are on and working..."

With 17 years experience, five as the head of his own firm, Bamert is fully familiar with standard procedures, and feels these requests are pushing him beyond that norm. "As an appraiser, my job is to go through the house, take notes and use comparables to come up with a value for that property," he explains. "That's completely different than the role of a home inspector. Now they are asking the appraiser to test some of the mechanical systems and give a statement if they are in working condition."

Bamert says he's not comfortable with such requests, nor does he have the expertise to make such an evaluation. "On an FHA inspection, our job is not to make a determination on whether something is in good working condition or not." he notes. "When something doesn't look right, we advise to hire a home inspector to take a look."

Bamert's core concern is the potential legal liability he could expose himself to by offering a professional judgment on matters beyond the scope of his experience and qualifications. He also wonders- were a worst case scenario to occur and a homeowner suffer financial loss or personal harm due to misplaced faith in his opinion on the "working condition" of a utility- whether he would be protected by his errors and omissions insurance.

Several contacts at mortgage companies and AMCs, who routinely request such judgment calls from appraisers, dismiss Bamert's worries as much ado about nothing. Speaking off the record, and requesting anonymity, one maintains, "FHA requests have asked appraisers to make sure the utilities are functioning for years. Due to the number of foreclosures and bank-owned properties, other lenders have glommed onto that." He says that nothing in an appraisal request is mandatory and appraisers are encouraged to raise any concerns as soon as an order is received. "If an appraiser feels a request is outside the scope of their knowledge and experience, they should refuse that order or advise when a home inspection is warranted."

Leslie Seller MAI, SRA, 2009 president-elect of the Appraisal Institute, advises appraisers to be aware of the concerns raised by Bamert and take proactive steps to protect themselves. "The bottom line is everyone is more concerned about their collateral these days, and they are just looking to get more out of their appraisals," he says. "Some want to save money, some want another set of eyes to look at the property and a few simply don't understand the difference between an appraiser and a home inspector."

His best advice: use language which limits exposure and potential liability. "To protect themselves, appraisers should state in their report the scope of their work. Include a qualifier which states ‘I am not an engineer, and I am not a home inspector.' Make it clear where you do not have expertise, what you did or did not do," said Seller.

That's a strategy Bamert arrived at on his own. When asked to evaluate the working order of household systems, he'll include statements like, "I turned on the light and the light came on," or that he turned on the faucet and water came out. "Beyond that, I don't know how to determine if a system is working properly," he reiterates. "I'm not trained for it, and it's something I don't like being asked to do."

Taken with permission from Working RE Magazine - Home Inspector's Edition (www.workingre.com). WRE is published by OREP (www.orep.org), specializing in E&O insurance for home inspectors, appraisers and other real estate professionals. OREP is one of TIJ's sponsors.