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When you buy a property and approach a bank for a mortgage loan,
it will send out a building inspector in its own employ to value
the property and determine whether there is adequate security
in the value of the loan to match the amount required. If not
your bank will either decline the loan or be prepared to grant
you a reduced amount and it will be up to you to decide whether
you are prepared to accept it and make up the difference yourself.
What often happens, however, is that some time after a loan has
been granted, the transfer has been registered, and the seller
has been paid the purchase price, the buyer will find serious
defects of which he was not aware atthe time he entered into the
agreement. The inclination is always to blame someone else and
the bank will usually become the target. Why did its inspector
overvalue the property? Why did he not carry out a thorough analysis
of its condition? What can I do to the bank for not
properly assessing the value of the property? Can I claim a reduction
in the capital amount of
my mortgage?
Banks- Moneylenders or Property Valuers?
The answer to all those questions lies in the clearly defined
role of banks in the business world. They are, first and foremost,
moneylenders and most of their energies are devoted to protecting
their interests in this field. Banks are not key roleplayers in
the real estate industry they have a very supplementary and secondary
function. In fact banks have made a point of avoiding direct influence
in the property world. Even when they have to sell repossessed
properties they employ the service of estate agencies to do the
marketing work.
Their consultants are trained to canvass issues such as affordability,
current monthly income, insurance requirements, optional loan
facilities and the like. Actual property matters are left to estate
agents and conveyancers. A story about a roadside hamburgerseller
in New York will help to make the point. Every
day he parked his small trailer outside one of the largest banks
in the city, turned on the oven, and spent the day hawking burgers
and hotdogs. One morning a local tramp came up and appealed to
him for a small loan. "Just a dollar will do, guv'nor. I'll settle
with you by Friday". The hawker replied "Do you see this
large bank behind me? Well, in the interests of avoiding competition
for the same markets, we have concluded a small partnership agree-ment.
I won't lend money and they won't sell hamburgers". Your bank's
role in granting a mortgage loan is to lend you money to help
you make up the purchase price. It assesses and values your property
purely to protect its own interests and has no responsibility
for the condition of the property or the amount of its valuation.
More often than not it will not even disclose its own valuation
to you.
Estate Agency Valuations - the CMA Process
Estate agents, however, are direct roleplayers in the real estate
industry and will make every effort to obtain a proper assessment
of the value of the property. Even here, however, the agency will
not give a warranty as to the property's value but only a guideline.
The estate agent has a duty to himself, nonetheless, to give an
accurate assessment of each property's value. If he undervalues
it he risks recourse from the seller. If he overvalues it he will
not get it sold. It is in his best interests to value it accurately.
When a property is placed on a multilisting scheme, enabling all
local agencies to sell it, they will invariably have what is known
as an open hour. Up to a dozen of them will give their own estimate
of the value of the property and will often comment on its condition.
Here the truth will often come out - don't necessarily
believe all those catchy newspaper ad phrases such as "your dream
home at last", "this one will go fast" or "owner emigrating -
desperate to sell". Sometimes these ads unwittingly tell the whole
truth, such as "stone's throw from local school". The present
owner is probably only too aware of this! At an open hour, however,
agencies are likely to give their real impressions of the home.
Estate agents regularly do what is known as a CMA, a Comparative
Market Analysis. Recent selling prices of other homes in the neighbour-hood
will be examined to determine the market-value of the house to
be placed on the market. Some banks and small companies issue
a very helpful list each month of local property prices. The condition,
locality, quality and special features of the home will be taken
into account.
The Code of Banking Practice
For some time South African banks, represented by The Banking
Council of South Africa, have subscribed to a code of conduct
to monitor their dealings with the public and to set standards
that potential investors and borrowers can expect of them. In
a section of the Code, under the subject of mortgage loans, the
banks have expressed their general attitude to the subject of
valuations and assessments.
Being financial institutions only they do not have the skills
or resources to determine the exact quality of any home a potential
borrower is purchasing. They will clearly inform you that their
valuations are for their own purposes purely to satisfy themselves
that the property itself is adequate security for the loan they
are granting. They do not accept responsibility for the structural
condition of the property, even if the building is an entirely
new one. They are as much at risk as you are in securing their
loan if it turns out that the actual value of the property is
below their own estimation.
The Market-Related Value of Each Property
What many people overlook is what really determines the value
of your property. Is it the material value of the bricks and mortar,
the windows and ceilings? Not at all. What drives market forces
in putting up the value of properties or stagnating or reducing
them is a combination of factors. It is fundamentally, at the
end of the day, a question of supply and demand. Current interest
rates, affordability, the buyer's own preferences and other factors
are the real determining causes of a property's resale value.
In the coastal regions of South Africa and Namibia properties
sell at much higher prices than they do inland. Despite being
the economic engine-room of the sub-continent property prices
in the Gauteng region are grossly under-valued at present. After
independence in Zimbabwe in 1980 properties sold for very
cheap prices in Harare but, once the exodus of local whites had
stopped and a shortage of accommodation grew, the same properties
shot up in price. Very rarely does the actual material value of
the house on a property determine its market-value. Low interest
rates in the USA means that residential properties sell for up
to fifteen times the price of the new car in the garage. In South
Africa two cars in a
garage can cost as much as the home itself.
The Risks to the Banks
In some areas property prices have fallen dramatically in recent
years, especially in suburbs where the real value of new homes
has been overestimated. Very often banks lose hundreds of thousands
of rends on the resale of these properties as their initial valuations
prove to be excessive. The huge number of repossessed homes that
sell at way below the amounts currently owed to the banks is ample
proof that bank valuations are not necessarily
a true reflection of their actual resale value. The same applies
to your estate agent. A CMA is often a far more decisive factor
in settling the likely sale price of a property than its actual
condition. Only where the whole property is in a generally poor
condition will its resale value come down substantially. Very
often sellers have been encouraged to repair obvious defects that
will lower a property's value and it is usually inconspicuous
defects, invisible to the estate agent and bank building inspector,
known as latent defects, that will be discovered by the buyer
when he occupies the premises after they have been fully vacated
by
the seller.
The Condition of the Property
In closing a few things need to be said about your possible
reaction to the condition of a property once you take occupation
of it. Remember it is a secondhand article and will
have the natural effects of wear and tear. You do not have the right
to confront the seller or your bank with a list of every possible
shortcoming you may discover and expect compensation or repairs
to every fault at their expense. It is also unwise to go back to
your bank and try to persuade them to withdraw your loan so
as to lapse the sale. Such a deliberate intervention on your part
can constitute a breach of contract, in particular the voetstoots
clause.
Your seller may well be able to hold you to the deal or sue you
for damages. It is also not the bank's duty to advise you of what
they think the real value of the property is. Most bank loans staff
are only too aware of the need not to interfere and the consequences
of advising buyers that they consider the property to be
overpriced.
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