Can I sue the appraiser of my house?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue the appraiser of my house?

In 2014 I bought a house with an FHA loan. The mortgage company sent an appraiser to verify the sellers asking price and it was verified okay. A few weeks ago I decided to refinance and the new mortgage company had me pay for an appraiser. I did and when he came back with a price it was lower then I expected. The mortgage company said I have to make repairs before they can do the FHA loan. The repairs they are asking for total over 5000. Why wasn’t this caught by the first appraiser? I have pictures from my home inspection and this was never brought up as an issue. They expect me to fix it now. Should I sue the original appraiser? I have put in a complaint with HUD against the new appraiser.

Asked on August 17, 2018 under Real Estate Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have no grounds to sue the original appraiser. 
1) The appraiser did not work for you--he worked for the mortgage company. He had no obligation to you and you have not claims against him for how he did his job. This is the key point: if someone has no duty or obligation to you, you can't sue them.
2) Appraisals are subjective--there is a matter of judgment involved. The fact that two appraisers differ does not mean one is liable for anything. Any time judgement is involved, opinions may vary.
3) While an appraiser may point out repairs he thinks are necessary to sustain a given proposed price or value, he does not have to--an appraiser is not an engineer, and it is not a requirement or duty  of him, even to his employer (e.g. the lender) to specify repairs.
4) Four years have passed; it's entirely reasonable that things that did not need repairs then may need them now.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption