While it's always great for the property appraisal to come back higher than the amount you agreed to buy it for, this is no way affects the loan amount you need to qualify for, or the down payment you need to close on the mortgage loan. Both conventional and unconventional mortgage products offer similar requirements.
Can a home seller change the price after a contract is signed? No. Typically, when a seller wants to back out of a contract, it's because the house appraised much higher than the offer and the seller wants a do-over. Unfortunately, at that point, you'd be legally obligated to go through with the under-contract buyer.
A sales contract with a kick-out clause allows you to continue marketing and showing the property. If by the kick-out clause date you find another buyer willing to pay the sales price despite the lower appraised value, you can 'kick out' the original buyer and accept the new offer.
No, the sellers can't unilaterally cancel a valid contract. Your attorney will be able to tell you exactly what the sellers can and can't do but cancelling a contract for a better offer isn't one of the choices. As mentioned, the appraisal contingency is the critical issue here - and yes, the actual words matter.
The seller can back out for reasons written into the contract, including (but not limited to) contingencies. The buyer is in breach of the contract. If the buyer is “failing to perform” — a legal term meaning that they're not holding up their side of the contract — the seller can likely get out of the contract.
They can't back out. Get a lawyer.
Again, a home appraisal's impact on sellers should be minimal given that sellers typically don't see the appraisal report. Even if they do, a high appraisal doesn't give them the right to cancel the sale unless a contingency in the agreement says otherwise.
While getting an appraisal is a necessary part of the home buying process, sometimes pre-listing appraisals may hurt the seller rather than help.
Yahoo Finance tip: Your purchase contract must include an appraisal contingency, which states you can back out if the appraised amount is too low. Otherwise, you will forfeit the earnest money you put into the deal if you walk.
On the flip side, if the appraised value of a home you just bought comes in higher than the sales price, then you got yourself a deal! Your mortgage won't be affected by this, and good news—you've got a little more equity than expected.
If the buyer can't come up with more cash and the seller won't lower the price, the buyer may have no choice but to back out of the sale. If the purchase agreement doesn't contain an appraisal contingency, the buyer will lose their earnest money deposit and possibly even face legal action.
In California, home sellers are not obligated to accept a full-price offer on their home even if the amount is greater than the full asking price.
The seller often does not generally get a copy of the appraisal, but they can request one. The CRES Risk Management legal advice team noted that an appraisal is material to a transaction and like a property inspection report for a purchase, it needs to be provided to the seller, whether or not the sale closes.
If your appraised value is lower than the agreed upon sales price, you'll have to make up the difference in cash, or cancel the deal.
High Appraisal
An appraisal that comes in high for a homeowner preparing to refinance can increase a homeowner's equity, which could boost their cash-out refinance proceeds or remove their private mortgage insurance (PMI) obligations on a conventional loan.
If A House Is Appraised Higher Than The Purchase Price
You're in a good situation if this happens. It simply means that you've agreed to pay the seller less than the home's market value.
Yes, a seller can back out of a real estate purchase and sale agreement. However, the seller will need a legitimate legal or contractual reason to cancel a home sale.
Just keep your communication to the appraiser about the facts of the home and neighborhood, how you priced the house, and any other relevant information you think the appraiser should know. And remember, don't discuss value. Don't pressure the appraiser to 'hit the value' and you'll be fine.
More likely though, the bank will adjust the loan based on the loan-to-value (LTV) ratio, meaning the buyer will have to make up the difference in the appraised value and the purchase price if they want to buy the home.
Depending on the laws of your state, you may have up to 3 years to seek legal action if the sellers KNOWINGLY hid or lied about issues in their disclosure. If a property is sold “as is” or purchased through an auction, then it is up to the buyer to do their due diligence and pay for any inspections that they choose.
So many appraisers will have different perspectives I wouldn't worry about it. Whilst in theory the seller can terminate the deal and relist it's a pretty bad look and likely won't get them the better price they're hoping for. Their selling agent should be saying a bird in the hand is worth two in the bush too.
Nowadays, most sales contracts have a safety net built in for buyers. There's often an addendum that allows buyers to back out without losing their earnest money deposit if the appraisal doesn't match the offer price.
Bottom line. “Generally, a seller can't cancel without cause,” Schorr says. “You could build in some contingency, but absent that, you had better be committed to the sale.” Reneging because you fear you underpriced the house, or you actually receive a better offer, doesn't count as “cause.”
Buyers get the appraisal report close to the closing date (at least 3 days before closing day). After the appraiser inspects the home, he submits the appraisal report to the lender. The lender reviews the report and will send it to the buyer.