Quote from @Tyler Speelman:
Hey BP,
I received an appraisal back below purchase price and realized appraiser used initial offer and not the accepted counter offer on the appraisal report. Now there is an appraisal gap of 10k. I spoke to lender and he plans to speak to appraiser. Realtor (dual agent) said to ask the lender to speak to appraiser. What would you do?
Thanks in advance,
Tyler
Ah, this one. Yup you're not the first person this has happened to, and will not be the last. Due to all the COVID people, folks who entered the industry as a realtor or a loan officer after March 2020, I'll direct part of this response at them too.
How to idiot proof this issue as...
A Realtor: when you send the contract over to loan officer, make it one single PDF. That PDF should include the contract with any/all addenda, but should not include inspection reports, seller disclosures, or anything else like that. This way even if the loan officer is an idiot and prone to screwing up (maybe they were hired for the refi boom, and this is only the 2nd ever purchase transaction they've done?!), you've fixed it and made it idiot proof for him. EXTRA BONUS POINTS: some realtors have the template mass "in escrow" email they send to all parties, with everything spelled out. I'm almost entirely "paperless" at this point, but when I see one of those I do print it on physical paper, and it's the first thing I reference whenever I touch that transaction, and that transaction gets bumped to the front of the line each day when I walk into the office (the transaction with the daily "is the appraisal back yet? when do you expect it back? are we cleared to close? when do you expect that?" [and similar] phone calls and texts gets bumped to the BACK of the line each day).
A loan officer: when the realtor sends you a single PDF with all sorts of extra stuff you don't want to see, or 5 different piecemeal PDFs in 5 different e-mails, consolidate it into a single PDF that has exactly what you need, and none of what you don't. This way even if the realtor screws up (maybe they got their real estate license "because real estate is hot" in 2020 and they'd lost their previous job?!), you've fixed it and made it idiot proof. Regardless of if you are uploading the contract to a loan portal, sending it to your processor, or uploading it to the AMC website, it should be in 100% of cases a single PDF with all addenda and no extra fluff.
A consumer: make sure at least one of the two above parties isn't a noob. You can look up your realtor's license at the state real estate website (California example) and your loan officer's license history here (same for all states). Ideally neither is a COVID noob, but you need at least one of them to predate the pandemic, in order to prevent this and a thousand other stupid little issues that are overall a waste of your time.
A loan officer assistant or processor: assume the realtor, as well the loan officer that is your boss, are both complete idiots, triple check that one or both of them did the above. When you go to upload the purchase contract (to loan portal, to appraisal portal, to anything), it should be a single PDF, and you should have some double check assurances, one way or another ("this is a $755k purchase price, right?"), on the contract price.
An appraiser: verbally confirm agreed upon contract price with whichever realtor is opening the door for you. Don't do that sneaky ninja trick where you tell everyone you will be there at 11 AM, then show up at 9 AM and enter via lockbox because the MLS said it's vacant, and you don't want to talk to anyone, unless you want to get that annoying message requesting you revise the contract price upwards $15k to match an addenda that no one sent to you. Ideally you should only see a single PDF that's the contract, but check for multiple PDFs just in case. Naturally, you need to assume both realtors, the loan officer, and the loan processor, are all idiots, at all times (if you're an appraiser, I likely do not need to tell you that :P ).
This issue "should" be pretty rare, since literally 5 people in a row had to screw something up and/or fail to perform a best practice (it happens when all 5 get complacent and assume "that's someone else's job" or "someone else will do it," since we have here multiple parties who could ALL articulate an argument for why it "shouldn't" be "their" job to do it), but the only fix any one person can do, is assume the other 3 or 4 people are idiots, and plan accordingly, on every single transaction they touch.