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I agree with Nancy. If you have a buyer's agent and have been using the Arkansas Realtor Association forms, paragraph 3 says that the home must appraise for the purchase price or more. If it appraised for less, then the seller has the option of not selling you the house and you should be able to get your earnest money back (you would, of course, have to find a new house to purchase). The seller's other option is to sell you the house at the appraised value. All of the other terms and conditions of the contract would still apply, including the incentives.
He can also get his own appraisal, which may come out diffferent than yours, depending on the comparable properties used. I had a situation like this recently. In my case, it was a cash deal, so the buyers and sellers just split the difference between the two appraised values in order to agree on the purchase price.
However, if you are financing the property, the bank will only loan on the appraised value. If the seller wants to sell the house, he needs to sell it at the appraised value, unless you (as buyer) would be willing/able to pay the extra money. However, in your shoes I would go for the appraised value.
If you do not have a buyer's agent and did not use the ARA forms, then you should read your contract carefully to determine your options. If you don't understand something, consult a lawyer.
Thu Aug 14 2008, 20:29