When “Duplex” Isn’t Really a Duplex
One of our community real estate agents posed a great question today. This does not happen often - however, this is a perfect scenario of why knowing how appraisers can value a property for lending leads to an educational moment. Appraisal dilemma of the week:Assessor says “duplex.”City zoning says “single‑family.”The house still has two kitchens, two living areas, and separate entrances — but legally, it can’t be used as a duplex. When records and reality don’t match, the appraiser’s role is to cut through the noise and ground the analysis in what’s legally allowed today. The structure might look and function like a duplex, but if zoning doesn’t allow it — that limits both use and value. In appraisal practice, the first filter of highest and best use is legal permissibility. If the use isn’t permitted (and not legally nonconforming), everything else stops there. When zoning and assessor data differ, zoning wins every time. Any duplex layout without confirmed legal status is simply functional obsolescence under single‑family use — not a separate income‑producing unit. Summary Answer (From an Appraiser’s Standpoint) - Legal use trumps configuration in determining highest and best use. - The appraiser must confirm zoning and document any legal nonconforming status. - If duplex use isn’t permitted, the value must align with single‑family use, possibly adjusted for functional obsolescence. - Valuing it as a duplex without legal basis misstates the HBU and could mislead intended users of the report. - 💡 Bottom line:The market might see two units, but if the law says one, the appraiser must value it as one. 🔎 Curious how you’d handle this scenario? Drop your take below — would you factor in layout utility or strictly stay within legal use?