Appraisal significantly lower

Appraisal significantly lower

Union City, NJ · Member since 2017 · 11 posts · 2 votes

I am getting ready to put an offer in a “hot” / sellers market (NJ). I intend to finance the purchase with a conventional 30y 20% down loan. I am worried that after the offer gets accepted, the appraisal value might come in significantly lower than the contract price.

I understand that discrepancies happen, and I’m not concerned about a small gap (10-20k), however, if the appraised value would come in significantly lower (50-100k, or more), then I would simply not be able to afford this property (given my then lower down payment, and worse mortgage interest rates).

I am wondering if anyone has any experience with what happens in such cases? I understand the conventional ways of dealing with it: “get seller to lower the price”, “come up with the discrepancy”, “appeal the appraisal/get reappraised”, or even the less conventional “arrange for a secondary loan”. However, would I be able to back out of the contract should that happen? I asked my RE agent, and they didn’t give me a very clear answer. When I suggested adding something specific in the offer that says “buyer can back out if appraised value is less than X”, they suggested to deal with this after the offer stage and at attorneys review, and use the brokerage’s standard/unmodified contract until we agree on the price.

Am I overthinking this? The offer does have a financing clause, but I’m not clear if it would be in play here. I’m less concerned about losing out on the house, and more concerned about getting into issues with the seller where we agree on the price, but I won’t be able to get a standard 30y 20% down loan due to appraisal value coming in significantly low (again, not talking about 10-20k difference here). Has anyone encountered a situation like this before, and what ended up happening?

Thank you for any input.

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Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
6y

Put in your highest and best offer - AND include an appraisal contingency. This Contract Addendum states that if the appraised value is lower than the offer price, the seller will reduce the price to the appraised value OR the contract will be cancelled and your escrow returned to you.  If it appraises for more than the offer price, nothing changes (other than you just built equity!).

The Appraisal Addendum is your protection that you don't over-pay while making your strongest offer.  If the seller won't lower the price, take your escrow and move on quickly to the next deal.  And, there will always be another deal.

Hope this helps...

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  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    Put in your highest and best offer - AND include an appraisal contingency. This Contract Addendum states that if the appraised value is lower than the offer price, the seller will reduce the price to the appraised value OR the contract will be cancelled and your escrow returned to you.  If it appraises for more than the offer price, nothing changes (other than you just built equity!).

    The Appraisal Addendum is your protection that you don't over-pay while making your strongest offer.  If the seller won't lower the price, take your escrow and move on quickly to the next deal.  And, there will always be another deal.

    Hope this helps...

  • Lender · Basking Ridge, NJ · Member since 2018 · 16 posts · 5 votes
    6y

    Vlad,

    You will have the ability to renegotiate the deal if the appraisal comes in below the purchase price. Sometimes this can be a great thing for a buyer in a hot market. If your RE agent is using the stand NJAR contract of sale, then the appraisal contingency is built into this. Also, most good real estate attorneys will amend the contract in attorney review to protect your best interests. They may word this appraisal contingency in their own professional verbiage. 


    I wouldn't worry too much about bringing this up in your initial offer. If you are bidding against multiple other buyers, you don't want to bring anything to the seller's attention that might put them off from your offer.


    I recently experienced this with one of my buyers. Once the appraisal came in significantly lower, he had the opportunity to cancel the deal or renegotiate as the contract and the attorney review letters stated. We were able to negotiate the purchase price down $25k off the initially agreed upon purchase price.

  • Member since 2018 · 33 posts · 14 votes
    6y

    In NJ there is a mortgage contingency clause.  DO NOT waive this in your contract.  In your intial offer, it doesn't matter because you go to attorney review before you are actually under contract.  Make sure you tell your attorney about this.  If you are purchasing a house as an investment and it doesn't appraise please think twice, I'm in NJ and we are definitely in crazy times.  Sometimes the best deal is the one you walk away from.

  • Union City, NJ · Member since 2017 · 11 posts · 2 votes
    6y

    Thank you for your advice, this is quite helpful.

  • Member since 2019 · 83 posts · 61 votes
    6y

    Many good seller attorneys will modify the language in the contract to state that the "mere existence of a lower appraisal will NOT void the contract automatically,  but will only be applicable if it results in the lender denying the loan for the original amount required" or some similar language. The idea is, at the time the parties agreed on the price, the buyer agreed they had x amount of down payment funds, and needed Y amount of loan to make the purchase.  The seller was OK with a sale under those terms.  But if the lender will still loan Y, then the buyer has the funds to close, and is still held to the contract EVEN IF the lender under appraises the house.  As a buyer, you may not want to make that deal, but if the seller is choosing among several buyers, if you will not agree to that provision, the seller may choose an all cash or other buyer that will.

  • Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    6y

    I am wondering if anyone has any experience with what happens in such cases?

    Every offer you submit MUST have a "property must meet or beat appraisal" since it directly affects your loan terms.

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