Legal Question in Real Estate Law in California
Incorrect Appraisal
About six months ago I bought a house. In the process the house was appraised and the appraiser re-measured the house at ~1600 sq. ft. which was smaller then the Assessor's value of ~1700sqft (which was know to be wrong and need to be changed). It turns out that when I got the assessor to come out and measure the house and when I did myself it came out to ~1450sqft. Basically, I ended up buying a house for significantly more then what it was worth. I was wondering what are my rights and what should be my path forward.
4 Answers from Attorneys
Re: Incorrect Appraisal
Why do you think that you paid more than what it was worth? The house down the street, which is exactly the same floor plan, could have sold for the same price as yours (meaning that is what it is worth, no matter what measurement is used).
Next, did you and the assessor measure from the inside or the outside. The proper measurement is from the outside. Walls are about 6 inches thick, and when you consider 2 walls, that's 1 foot times the length of the and width of the house.
If you have a serious contention, call the appraiser and discuss it with him.
Re: Incorrect Appraisal
We're talking the difference of approximately 150 square feet. That depends upon whether your calculations vs. the appraisers are correct. If the county came out and majored in came up with your same exact calculation as it seems your questione states many other claim against the appraiser. The question is where your damages. Unequipped calculation the difference is approximately eight percent in square footage which is not necessarily significant what could equal one room. In determining the value of any particular residence square footage is a material factor. But there are other factors which significantly bear upon the value which are sometimes intrinsic in nature. Rather than ask this question over the net why haven't you gone to see an attorney who specializes in real estate. The first thing he should do is determine what venue figure are your damages. What what your house at 1700 square feet vs. 1450 square feet sell for. If though you are telling me that you bought the house for more than it was worth because of the square footage you're going to have to prove that. Meaning if there were similar house with the same floor plan nearby which sold approximately at the same time issuers for the same price that is called a comparable. You paid the fair market value. I can remember, the intrinsic factors in valuing residential property. There's so much more the I would have to ask about the situation before I can give you any kind of meaningful determination as to whether I felt that you other claim. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: Incorrect Appraisal
you may have a case depending on the contract and the value of your damages. Please contact our office at 714 363 0220 to review your documentation and to provide you with consultation.
Re: Incorrect Appraisal
Who selected, instructed and paid this appraiser?
Unless you did, you will have a much more difficult time pinning liability on him or her for any loss you might be able to prove. In most residential appraisal situations, the appraisal is made for the lender, not the buyer, and for anyone other than the lender to sue successfully would require a showing that the buyer was also intended to be able to rely on the appraisal. Since the buyer has usually already made an offer and is in contract at this point, the appriasal is, therefore, not something the buyer is relying upon, legally speaking.
Further, the appraiser's end result is a dollar figure, and a square footage calculation is only one of many intermediate steps in arriving at value. Proving that the error resulted in any financial harm to anyone is thus doubly difficult.
From all standpoints, you have a very weak case against the appraiser.