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A federally related transaction involves a $300,000 refinance loan. The borrower complains that the appraisal fee of $650 is too high compared to other quotes of $400. Under AIR, how should the lender respond?

Correct Answer

C) Determine if the $650 fee is customary and reasonable for the assignment

Under AIR, lenders must ensure that appraisal fees are customary and reasonable for the type of assignment, not simply the lowest available. The determination should be based on factors like property complexity, market conditions, and typical fees for similar assignments.

Answer Options
A
Immediately order a new appraisal from the lower-cost appraiser
B
Negotiate with the current appraiser to reduce the fee to $400
C
Determine if the $650 fee is customary and reasonable for the assignment
D
Split the difference and pay $525

Why This Is the Correct Answer

Under AIR, lenders must ensure that appraisal fees are customary and reasonable for the type of assignment, not simply the lowest available. The determination should be based on factors like property complexity, market conditions, and typical fees for similar assignments.

Why the Other Options Are Wrong

Option A: Immediately order a new appraisal from the lower-cost appraiser

This violates AIR principles by automatically selecting the lowest-cost option without evaluating whether the fee is appropriate for the assignment. Simply choosing the cheapest appraiser could compromise appraisal quality and independence. AIR requires evaluation of reasonableness, not automatic selection based on lowest cost.

Option B: Negotiate with the current appraiser to reduce the fee to $400

Negotiating fees with the appraiser based on competitor pricing violates appraisal independence requirements. This creates pressure on the appraiser that could compromise their independence and objectivity. AIR prohibits lenders from influencing appraisers through fee pressure or negotiation tactics.

Option D: Split the difference and pay $525

Arbitrarily splitting the difference shows no consideration for whether either fee is actually customary and reasonable for the specific assignment. This approach ignores the fundamental AIR requirement to evaluate fees based on assignment characteristics and market standards. It's an inappropriate compromise that doesn't address the regulatory requirement.

C&R Fee Check

Remember 'C&R' - Customary and Reasonable. When facing fee complaints, always 'Check for C&R' before making any decisions. Don't go Cheap (A), don't Bargain (B), don't Divide (D) - always Check C&R first.

How to use: When you see any question about appraisal fee disputes or complaints, immediately think 'C&R Check' and look for the answer that involves determining if fees are customary and reasonable rather than taking shortcuts.

Exam Tip

AIR questions often present scenarios with fee pressure or complaints - always choose the answer that maintains appraisal independence and follows proper evaluation procedures rather than quick fixes.

Common Mistakes to Avoid

  • -Assuming the lowest fee is always the best choice for borrowers
  • -Thinking lenders can negotiate appraisal fees like other services
  • -Believing that splitting differences is a reasonable compromise solution

Concept Deep Dive

Analysis

This question tests understanding of Appraisal Independence Requirements (AIR) regarding fee determination in federally related transactions. AIR requires that appraisal fees be 'customary and reasonable' rather than simply the lowest available option, protecting appraisal quality and independence. The regulation prevents lenders from pressuring appraisers through fee manipulation while ensuring borrowers aren't overcharged. Lenders must evaluate fees based on assignment complexity, local market rates, and property characteristics rather than shopping for the cheapest option.

Background Knowledge

Appraisal Independence Requirements (AIR) were established to prevent lender interference with the appraisal process in federally related transactions. The 'customary and reasonable' fee standard protects both appraisal quality and borrower interests by ensuring appropriate compensation without overpayment.

Real-World Application

In practice, appraisal management companies and lenders maintain fee databases showing typical charges for different property types and complexities in various markets, using this data to evaluate whether quoted fees meet the customary and reasonable standard.

AIRcustomary and reasonableappraisal independencefederally related transactionfee determination

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