This week, we received another question from a viewer: “the appraiser didn’t value our property at the purchase price. What do we do?” In other words, what happens if bank hires an appraiser who determines that the house you are buying is worth less than the agreed upon purchase price?
The first step is always to look at the Purchase and Sale Agreement. Your P&S may identify this as a potential issue and it may offer a solution. If the P&S contains a financing contingency clause it may state that if the appraiser determines the value is less than the purchase price, then the Buyer may terminate the P&S. This provides the Buyer with leverage to negotiate with the seller. Since the Buyer has to terminate, the seller will very often agree to lower the price to allow the transaction to continue.
What happens if the Seller will not negotiate and the Buyer still wants to buy? The Buyer’s next step should be to talk to lender. A low appraisal will result in a change to the loan to value ratio (“LTV”). Without adjusting the loan amount, the ratio between the loan amount and appraised value will be lower. A common solution in this case is for the Buyer to make a larger down payment.
Sellers should remember that the next potential Buyer should receive the same appraisal. Engaging in good faith negotiation is always a good idea.
If you would like more information about low appraisals contact Stiles Law at (781) 319-1900.
Copyright © 2019 Stiles Law, All rights reserved. Stiles Law is a Massachusetts licensed law firm and all content is based on Massachusetts law. The information presented above is meant to be used for general informational purposes and it should not be construed as legal advice or legal opinion on any specific facts.