Why would the applicant choose to waive their rights unless there is an issue that would cause a delay in the closing. Only then should the option to waive the appraisal requirement or postpone the closing be presented. It should be the applicant's choice to waive the appraisal or postpone the closing. You referred to the "lack of choice", isn't only giving them the choice to waive the appraisal giving them a lack of choice.
If the applicant has to waive in order to move forward with the application (or if it appears they do), I do think that is problematic.
It should be clear in the method you use to obtain the waiver that they have an option. In my example above I was picturing including that on the written application as an optional place to initial (similar to joint intent). You could also have 2 check boxes. One for waiving timing and one for getting 3 days before closing to make it more clear there was a choice.
that there should be a NEED to consider waiving the right to a copy of the appraisal.
Says who (besides possibly an overzealous examiner)? There are regs that require a reason to waive. I don't believe this is one of them.
"[...]An applicant may waive the timing requirement in this paragraph (a)(1) and agree to receive any copy at or before consummation or account opening, except where otherwise prohibited by law. Any such waiver must be obtained at least three business days prior to consummation or account opening, unless the waiver pertains solely to the applicant's receipt of a copy of an appraisal or other written valuation that contains only clerical changes from a previous version of the appraisal or other written valuation provided to the applicant three or more business days prior to consummation or account opening. If the applicant provides a waiver and the transaction is not consummated or the account is not opened, the creditor must provide these copies no later than 30 days after the creditor determines consummation will not occur or the account will not be opened."
"If, no later than three business days prior to consummation or account opening, the applicant provides the creditor an affirmative oral or written statement waiving the timing requirement under this rule;"
I don't see anything requiring a need or not allowing a lender to offer that option at application to all applicants.