I. Appraisal, Valuation, and Evaluation
In New York, these terms are often used interchangeably in casual conversation, but they have distinct legal definitions under the NYS Department of State guidelines.
Appraisal: A formal, unbiased estimate or opinion of the nature, quality, value, or utility of a specific interest in real estate. Only a NYS Licensed or Certified Appraiser can perform a legal appraisal.1
Valuation: The broad process of estimating the value of an identified interest in a property as of a specific date.
Evaluation: A study of a property’s utility or marketability (like a "Highest and Best Use" study) where a specific dollar value isn't necessarily the end goal.
The CMA Rule: A Comparative Market Analysis (CMA) is an opinion of value prepared by a real estate licensee.2 By law, a licensee may never refer to a CMA as an "appraisal."
II. Understanding Market Value
Market Value is the most probable price a property should bring in a competitive and open market.3
The "Arms-Length Transaction" Requirements:
Reasonable Exposure: The property has been on the market for a sufficient amount of time.4
Knowledgeable Parties: Both buyer and seller are well-informed about the property’s uses and defects.5
No Undue Duress: Neither party is being forced to act (e.g., a "fire sale" or a foreclosure is NOT market value).6
Cash Equivalency: The price is expressed in terms of U.S. dollars.
Value vs. Price vs. Cost:
Value: What the property is "worth" (an opinion).
Price: What a specific buyer actually paid (a fact).
Cost: The total dollars spent to build the structure (labor + materials). Cost does not always equal Value.
III. The Three Approaches to Value
Appraisers use one or more of these methods to arrive at a final "reconciliation" of value.
Sales Comparison Approach (Market Data Approach):
Used primarily for residential property and vacant land.
Compares the subject property to 3–5 "Comps" (comparable properties) that sold recently.
Adjustments: If a comp is better than the subject, you subtract value from the comp. If the comp is inferior, you add value to the comp. Never adjust the subject property.
Cost Approach:
Used for special-purpose properties (schools, churches, hospitals) or new construction.7
Formula: $Replacement Cost - Depreciation + Land Value = Property Value$.
Income Approach:
Used for income-producing properties (apartments, office buildings).8
Uses the Capitalization Rate (Cap Rate) to convert income into value.9
Formula: $Net Operating Income (NOI) / Cap Rate = Value$.
IV. Comparative Market Analysis (CMA)
A Salesperson’s primary tool for pricing is the CMA. It helps a seller set a listing price and helps a buyer decide on an offer.10
Elements of a Residential Market Analysis:
Recently Sold: Properties that closed within the last 6–12 months.11
Current Competition: Properties currently "Active" on the MLS.
Expired Listings: Properties that failed to sell (usually a sign of overpricing).12
Adjustments: Accounting for differences in square footage, number of bathrooms, and condition.13
Highest and Best Use:
The most profitable, legally permitted, and physically possible use of a property. An appraiser always considers if a property is currently at its "Highest and Best Use" (e.g., is a single-family home sitting on land now zoned for a high-rise?).14
⚠️ EXAM ALERT: QUICK FACTS
DUST: The four elements of value are Demand, Utility, Scarcity, and Transferability.15
Substitution: This basic economic principle states that a buyer will not pay more for a property than the cost of an equally desirable substitute.16 This is the basis for the Sales Comparison Approach.
Depreciation in Cost Approach: Only the improvements (buildings) depreciate; land never depreciates.
CMA Statement: Every written CMA provided to a client must include a disclaimer: "This is a comparative market analysis, not an appraisal."
Insurable Value: This value excludes the cost of the land and the foundation, as these items are generally not destroyed by fire or wind.
KEY TERMS
Appraisal: An estimate or opinion of value as of a specific date, supported by objective data and prepared by a qualified professional.
Assessed Value: The value placed on a property by a public tax assessor for the purpose of calculating property taxes.
Comparative Market Analysis (CMA): A comparison of the prices of recently sold homes that are similar to a listing seller's home in terms of location, style, and amenities; typically prepared by a real estate agent to help determine a listing price.
Cost: The total dollar amount required to bring a property into existence, including land, labor, materials, and profits.
Cost Approach: A method of estimating value by determining the current cost of replacing or reproducing the improvements, minus depreciation, plus the estimated land value.
Depreciation: A loss in value from any cause, including physical deterioration, functional obsolescence, or external obsolescence.
Direct Cost: Expenditures for labor and materials used in the construction of an improvement, also known as "hard costs".
Evaluation: A study of the nature, quality, or utility of a property or interest in a property, often without reference to a specific value.
Income Approach: A method of estimating value based on the present value of the future income the property is expected to generate; used primarily for commercial or investment properties.
Indirect Cost: Expenditures for items other than labor and materials, such as architect fees, financing charges, and legal fees, also known as "soft costs".
Insured Value: The cost of replacing or reproducing a structure in the event of a total loss, used to determine the amount of insurance coverage needed.
Investment Value: The value of a property to a specific investor based on their individual requirements, such as tax position or target rate of return.
Market Price: The actual price at which a property is sold.
Market Value: The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale.
Mortgage Value: The value of a property used as collateral for a loan, determined by the lender’s appraisal.
Obsolescence (Functional/External): Functional Obsolescence is a loss in value due to outdated features or poor design within the property. External Obsolescence is a loss in value caused by factors outside the property lines, such as neighborhood decline or environmental changes.
Plottage: The increase in value or utility resulting from the consolidation (assemblage) of two or more adjacent lots into one larger parcel.
Price: The amount of money a buyer asks or a seller pays for a property.
Sales Comparison Approach: A method of estimating value by comparing the subject property to similar properties that have recently sold in the same market.
Valuation: The process of estimating the market value, investment value, or other defined value of a specific interest in a property.
Value-in-Use: The value of a property to its current owner for a specific purpose, regardless of its highest and best use or market value.
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