How can I stop a lender-ordered appraisal if it wasn’t supposed to be required? – North Carolina

Short Answer

In North Carolina, you can refuse entry for an appraisal unless your signed loan documents or purchase contract give the lender or buyer a right to access the property. If the contract does not require an appraisal or access, notify the lender and appraiser in writing and deny entry. If they persist or an appraisal is imminent, you may seek a temporary restraining order (TRO) in Superior Court to stop the appraisal while the dispute is resolved.

Understanding the Problem

You want to know whether, under North Carolina real estate law, you can stop a lender from sending an appraiser into your home when you were told an appraisal was not required. The decision point is whether your documents (loan conditions or purchase contract) actually require an appraisal or give access. The trigger here is that the appraisal was scheduled on short notice.

Apply the Law

North Carolina law treats an appraisal visit as a matter of contract and property rights. If you did not agree to an appraisal or to give access for one, you can withdraw consent and bar entry. If there is a dispute and the appraisal is imminent, North Carolina procedure allows you to seek emergency injunctive relief to preserve the status quo. A TRO can stop an appraisal briefly so a judge can decide whether access is required. You file in the county’s Superior Court; a TRO can issue quickly, but a follow-up hearing usually occurs within days.

Key Requirements

• Contract shows no appraisal/access duty: Review the purchase contract and any loan commitment to confirm there is no term authorizing an appraisal or granting access.
• Clear withdrawal of consent: Send written notice to the lender, appraiser, and any agent revoking permission to enter and stating no appraisal is authorized.
• Immediate harm/status quo: For a TRO, show the appraisal is imminent, entry would cause harm that cannot be undone, and a short pause preserves the status quo.
• Likelihood of success: Point to the absence of any contract clause requiring an appraisal or access, and your right to exclude others from your property.
• Bond and quick hearing: Be prepared to post a bond set by the judge; a TRO is short-lived and the court will promptly set a hearing on a preliminary injunction with notice to the other side.

What the Statutes Say

• North Carolina Rules of Civil Procedure, Rule 65 (Injunctions) – Courts may issue emergency TROs and preliminary injunctions to preserve the status quo; bonds and quick hearings apply.
• North Carolina Rules of Civil Procedure, Rule 4 (Service of process) – Sets how to serve a lawsuit and motions for injunctive relief.
• G.S. 14-159.12 (Second-degree trespass) – Entering after notice not to enter can be trespass; owners may revoke consent to access.

Analysis

Apply the Rule to the Facts: Your realtor scheduled an appraisal on short notice, but if neither your loan documents nor your purchase contract require an appraisal or access, you can revoke consent and refuse entry. If the lender or appraiser insists or shows up anyway, a TRO can stop the appraisal briefly while the court reviews your paperwork. If your contract does grant access for appraisals, courts are less likely to block entry; you would pivot to negotiating timing or requesting a different appraiser.

Process & Timing

1. Who files: Property owner/borrower or seller. Where: Superior Court in your North Carolina county; file with the Clerk of Superior Court (Civil Division). What: Verified complaint and motion for temporary restraining order and preliminary injunction under Rule 65; proposed TRO order; civil summons. When: File before the scheduled appraisal date; TROs are designed for immediate, short-term relief.
2. Provide your signed contract and loan correspondence showing no appraisal/access requirement; detail the appointment date and your written revocation of consent. Ask for ex parte TRO to stop entry and a prompt hearing on a preliminary injunction. Service of the lawsuit and motion then follows Rule 4/Rule 5, and the court typically sets a hearing within days.
3. At the hearing, the judge decides whether to continue injunctive relief. If granted, the order will control access until the underlying dispute is resolved, or the parties agree on terms (for example, a different appraiser or timing).

Exceptions & Pitfalls

• If your contract gives the buyer/lender a right of reasonable access for appraisals, a court may deny an injunction; consider negotiating timing, presence, or requesting a different appraiser instead.
• Failing to give clear written notice revoking consent can weaken a trespass or injunction argument; send it to the lender, appraiser, and any agent.
• Service mistakes or lack of a verified complaint can delay a TRO; follow Rule 4/Rule 65 procedures and be ready to post a bond.
• Blocking access in violation of a contract can jeopardize financing or trigger default remedies; confirm your documents before refusing entry.

Talk to a Real Estate Attorney

If you’re dealing with an unplanned appraisal or an access demand you didn’t agree to, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.