Real Estate Appraisal Topic One - The Appraisal Profession The Appraisal Profession Real estate appraiser estimates value of real estate (land and/or buildings) • Client can be individual, company, public agency, or real estate broker • Purpose of appraisal determines type of value sought by appraiser • Appraiser’s estimate of value made in letter or longer appraisal report Appraiser’s Qualifications Education can include: • • • • • • • • Math/accounting Computer skills Statistics Geography Urban sociology Economics Real estate Building construction Experience gained by: • Internship • Trainee position • Related real estate occupation, such as sales agent, property inspector, contractor, or builder. Appraisal Assignments Available • Determine seller’s asking • • • • price Estate valuation Value in trade Business property valuation in merger, acquisition, liquidation, or bankruptcy Mortgage loan value • Insurance value • Damages from • • • • • construction defects or natural disaster Property, gift, or inheritance tax Marital dissolution Arbitration Most profitable use Condemnation Employment Opportunities Sole practitioner (with/without support staff) or Staff appraiser for: • Appraisal company • Business that acquires land/buildings • Government agency Compensation based on time/expertise required and competition for appraisal services. Licensing and Certification FIRREA—Financial Institutions Reform, Recovery, and Enforcement Act of 1989 • Defined transactions that would require state-licensed or certified appraiser • Licensing/certification required as of January 1, 1993 Appraisal Foundation • Appraiser Qualifications Board sets minimum qualifications for appraiser licensing and certification • Appraisal Standards Board defines appraisal terms and sets minimum requirements for appraisal reports USPAP Uniform Standards of Professional Appraisal Practice (USPAP) www.appraisalfoundation.org Published by the Appraisal Standards Board of the Appraisal Foundation Professional Societies • Appraisal Institute, formed by merger of American Institute of Real Estate Appraisers and Society of Real Estate Appraisers, awards MAI and SRA designations • International • • Association of Assessing Officers International Right of Way Association National Association of Independent Fee Appraisers, Inc. www.appraisalinstitute.org Modern Appraisal Office Requires knowledge of: • Hardware, including computer, digital camera, scanner, printer, and high-speed Internet access • Appraiser-specific software that meets requirements of lender, Fannie Mae, other clients • Internet for research and communication End of Chapter One Real Estate and Its Appraisal USPAP definition of appraisal: • The act or process of developing an opinion of value (USPAP Standard 1) • An opinion of value (USPAP Standard 2) Real Estate and Real Property Real estate includes: • Land • Fixtures (attachments) to land • Things incidental or appurtenant to land (easements, etc.) • Anything else considered immovable Real property means same as real estate, or the “bundle of rights” of ownership, depending on the state where located. Tests for Determining a Fixture • Method of attachment • Modification or customization for property • Relationship of parties ?? • Intention of person in placing item on land • Agreement of parties What about trade fixtures? Restrictions on Real Estate Public restrictions Private restrictions • Taxation • Lien • Eminent domain • Subdivision CC&Rs: • Police power to conditions, establish: covenants, and zoning ordinances, restrictions building codes, health codes, etc. Legal Descriptions See book for examples Lot and Block System Also called lot, block and tract system and subdivision system • Individual parcels are referred to by the tract, block and lot number by which they are identified in the subdivision map filed in the county recorder’s office • City, county, book and page number, and date map recorded are also in the description Metes and Bounds System • Used primarily in eastern states • Starts at point of beginning • Follows natural or artificial boundaries called bounds • For measured distances called metes • May also reference individual monuments or markers U.S. Government Survey System Also called section and township system and rectangular survey system • Land area divided into townships measured and numbered from intersection of base line (east/west) and meridian (north/south) • Township = 36 sections • Section = one square mile = 640 acres Legal Rights and Interests in Real Estate Freehold estates • Fee simple estate, highest form of ownership • Life estate Remainderman takes property on termination of life estate Reversion returns property to original owner Nonfreehold estates • Leasehold estate owned by lessee (tenant) • Leased fee estate owned by lessor (landlord) Other Interests in Real Estate • Easement Easement appurtenant runs with the land Easement in gross does not run with the land • License is a temporary right • Encroachment occurs when improvement extends to adjoining property Forms of Property Ownership Individual ownership • Separate ownership or ownership in severalty Co-ownership • Tenancy in common • Joint tenancy • Marital property – Community property – Tenancy by the entirety • Tenancy in partnership Other Forms of Ownership • Corporation • • – For profit--owned by shareholders – Nonprofit--owned by members Limited liability company (LLC) Trust – Land trust – Living trust – Real estate investment trust (REIT) Special Forms of Ownership • Condominium • • Exclusive ownership of specified airspace and interest in common Cooperative Owners are shareholders in stock cooperative project, with right to exclusive occupancy of part of property Planned unit development Type of development and zoning designation with individually owner parcels and shared common areas Types of Deeds Valid deed must be in writing and describe the parties and property. Grantor(s) must be legally capable of executing the deed and there must be a granting clause. Finally, the deed must be signed by grantor(s) and delivered to and accepted by the grantee. • • • • Grant deed Quitclaim deed Warranty deed Bargain and sale deed • • • • Trust deed Reconveyance deed Sheriff’s deed Tax deed Recordation • Acknowledgment of the grantor’s signature entitles document to recording • Recording of document serves as notice to the world of the transfer of title