What Can I Do If a VA Appraiser Failed to Follow Guidelines?

Question from Johnny, What Can I Do If a VA Appraiser Failed to Follow Guidelines?

Answer from AI:

If you find that a VA appraiser did not follow the minimum property requirements (MPR) guidelines, and you purchased a home based on their faulty appraisal, there are several steps you can take to address the issue. Here’s a general guide on what you can do:

Understanding Minimum Property Requirements (MPR)

The VA’s Minimum Property Requirements are designed to ensure that homes purchased with VA loans are safe, structurally sound, and sanitary. These guidelines cover various aspects of the property, including:

• Structural integrity
• Safety hazards
• Sanitation
• Heating and cooling systems
• Water supply and sewage disposal

Steps to Resolve the Issue

If you believe the appraiser failed to follow these guidelines, here are some steps you can take:

1. Document the Issues: Gather all documentation related to the appraisal and the property’s condition. Take photos, get repair estimates, and keep records of any communications with the appraiser or VA.
2. Contact the VA: Reach out to the VA Regional Loan Center that handled your loan. Explain the situation and provide your documentation. The VA may conduct an investigation into the appraiser’s conduct.
3. File a Complaint: You can file a complaint against the appraiser with the VA. The VA has a process for handling complaints about appraisers who fail to meet their standards.
4. Seek Legal Advice: Consult with a real estate attorney who has experience with VA loans. They can provide personalized advice and help you understand your legal options, which may include pursuing a claim for damages.
5. Consider Mediation or Arbitration: Some disputes can be resolved through mediation or arbitration, which can be less costly and time-consuming than going to court.
6. Litigation: If other methods fail, you may need to consider filing a lawsuit against the appraiser for negligence or breach of contract. Your attorney can guide you through this process.

Legal Grounds for Action

You may have legal grounds to take action based on:

• Negligence: If the appraiser failed to exercise reasonable care in conducting the appraisal.
• Breach of Contract: If the appraiser did not fulfill the terms of their contract with the VA or you.
• Misrepresentation: If the appraiser provided false or misleading information about the property’s condition.

Resources and Further Reading

For more information, you can refer to the following resources:

• VA Appraiser Information
• Consumer Financial Protection Bureau on VA Loans

When to Seek Legal Advice

Given the complexity of real estate transactions and the specific requirements of VA loans, it is often beneficial to seek legal advice. A qualified attorney can help you navigate the process, protect your rights, and pursue any claims you may have.

Note: This information is intended to provide a general understanding of the issue and is not a substitute for professional legal advice. Always consult with a legal professional for advice tailored to your specific situation.