In the private lending industry, the types of deals usually pursued include commercial property acquisition, development and construction, income producing properties, turnaround situations, and others where the loan is secured by commercial real estate. In these instances, chief among the borrower’s responsibilities is having an up-to-date, realistic appraisal of the collateral in question. This is crucial.

Because if the borrower misrepresents the value of said property, then the lender cannot be expected to proceed with a closing. Furthermore, the entire loan may be subject to dismissal by the lender, which can and often does precipitate complaints, lawsuits, and allegations of fraud on the part of both the borrower and the lender. If proceeding to trial, such a case may become remarkably expensive for all parties concerned and is, therefore, a scenario which most agree is better avoided.

Scenes such as these are easily circumvented. Prior to approaching a lender, the borrower and/or broker should have in hand an honest, independent appraisal of the property in question. The lender will perform due diligence and arrange to have its own evaluations done by experienced consultants and/or appraisers.

Remember: A misrepresentation gains nothing but disagreement, allegations, and acrimony.