Even as it comes under increasing pressure, the Department of Housing and Urban development has drawn a line in the sand, declaring it does not intend to withdraw commercials some say are misleading unskilled buyers into believing that appraisers are trained to spot structural problems in the homes they are purchasing.

At the same time, though, HUD has left the door open to changing its message when a new advertising campaign hits the airwaves later this fall.

Many appraisers and independent home inspectors say more than a few changes are needed. In fact, they claim the ads need major surgery. Since appraisers are not qualified to inspect houses, they argue, consumers are being fed the wrong message.

For now, though, HUD says it "stands firm behind" the commercials, which were designed to inform the public of the "substantial consumer protections provided in (its) Homebuyer Protection Plan."

The plan is, indeed, laudable. It provides consumers with important information about the physical condition of the home and promotes the importance of getting a home inspection.

And it holds appraisers accountable for their work.

The plan requires that an appraiser complete a comprehensive four-page form noting physical deficiencies in every home backed by Federal Housing Administration-insured financing. The form must be attached to every FHA appraisal and buyers must receive a summary of the report from their lenders identifying all physical deficiencies noted by the appraiser.

Buyers also are given notices urging them to obtain a home inspection, notices explaining that independent inspectors go over houses much more thoroughly thanappraisers.

The widely praised protection plan was developed in partnership with the Appraisal Institute, the Appraisal Foundation, consumer advocacy groups, the Mortgage Bankers Association and the National Association of Realtors. And as HUD points out in a recent statement, the FHA is the only mortgage insurer that has such stringent protection for home buyers.

But the problem isn't with the protection plan, it's with the television commercials. Whereas appraisers are required to point out whatever physical eficiencies they might spot, they are not required to go up, over, down and underneath a property the way an inspector does. Nor do they have the skills to spot problems that are not plainly evident.

Yet, one ad proclaims that under HUD's FHA Homebuyer Protection Plan, "you get the right loan at the right price and a thorough appraisal. If any problems are found, you'll know them before you close."

Sen. Susan Collins, R-Me., thinks that's misleading. "I think that commercial is an example of deceptive advertising...at its very worst," she recently told ABC television's Good Morning America.

So do a lot of others. But it looks as though HUD won't get that message until a few poor, unsuspecting buyers' houses fall down around them because they saw on television that the appraiser would find any defects.

Published: October 23, 2000

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When Lew Sichelman first started writing about housing in 1969, he was the youngest real estate writer in the country. Now, 37 years later, he's one of the oldest -- and most decorated. He has been rated the top housing columnist in the country by the National Association of Realtors as well as by his peers in the National Association of Real Estate Editors. Indeed, NAREE has recognized his work on numerous occasions. One year - due to his advancing age, he can't recall which one - he earned top honors in the annual NAREE Journalism Contest in three out of the four major writing categories. It was the first time one writer has won so many NAREE awards in a single year. Known for his ability to make even the most difficult topics understandable, Sichelman also has been honored by the National Association of Home Builders and the Mortgage Bankers Association. He began providing in-depth coverage of and consumer-oriented information about housing and housing finance at the Washington Daily News, where he was real estate editor. He held that same position for nine more years at the Washington Star, which purchased the News in 1972. The Star, a so-called "writer's newspaper" which also had the misfortune of being an evening paper, was put out of its misery in 1981, and Sichelman, who had begun self-syndicating his column in 1978, decided to become a full-time columnist. Today, his column, "The Housing Scene," is distributed by United Media to newspapers throughout the country. He also is on the staff of National Mortgage News, an independent newspaper which is considered the bible of the mortgage business. And he writes for numerous other publications, including MarketWatch.com, where he answers readers questions once a week, Sports Illustrated (don't ask), RealtyTimes.com, BigBuilder and others. Sichelman is married, the father of five and grandfather of eleven.