Terms and Conditions

Acceptance and Applicability

These Terms and Conditions for Appraisal Services and Reports (“Terms and Conditions”) shall apply to any appraisal reports, contracts or orders into which they are incorporated. In addition, with respect to any appraisal report, any use of or reliance on the appraisal by any party, regardless of whether the use or reliance is authorized or known by Appraiser, constitutes acceptance of these Terms and Conditions as well as acceptance of all other appraisal statements, limiting conditions and assumptions stated in the appraisal report. An Appraisal Services Agreement may contain different provisions than stated in this document, but such different provisions shall only apply between Client and Appraiser/Firm, unless the Appraisal Services Agreement expressly states otherwise.

Definitions

In these Terms and Conditions:

“Appraisal Services Agreement” means any written agreement with Client for performance of the appraisal services by Appraiser, including any agreement entered electronically or through a web portal;
“Client” means a party identified expressly as a client in an Appraisal Services Agreement and any party identified expressly as a client by the Appraiser in an appraisal report;
“Appraiser” means the appraiser(s) performing part or all the appraisal services and/or signing an appraisal report, and
“Firm” means any business entity employing the Appraiser or of which the Appraiser is a partner, owner, shareholder, member, officer, director or independent contractor, and includes the other employees, partners, owners, shareholders, members, officers, directors or independent contractors of any such entity.

Intended Users

Appraiser will identify one or more “intended users” of the appraisal in the report, either by name or type of user. The purpose of this identification is for Appraiser to determine the appropriate reporting of the appraisal in a manner that is clear and understandable to the identified intended user(s). It is not an acknowledgement by Appraiser that Appraiser knows or expects a party to use or rely on the appraisal. Neither Appraiser nor Firm is responsible to parties who are not identified as intended users or for uses not identified as intended uses.

Appraiser Independence

As required by law and professional standards, Appraiser’s performance of the appraisal is independent, impartial and objective. Accordingly, Appraiser cannot agree to provide a value opinion that is contingent on a predetermined amount and cannot ensure that the opinion of value will serve to facilitate any specific objective of Client or others or advance any cause.

Unauthorized Use or Publication

No part of the appraisal report or the Appraiser’s opinions or conclusions may be published or used in any advertising materials, property listings, investment offerings or prospectuses, or securities filings or statements without Appraiser’s prior written authorization. Any party who publishes or uses the report or Appraiser’s work product without such authorization or who provides the report or Appraiser’s work product for such unauthorized use or publication agrees to indemnify and hold Appraiser and Firm harmless from and against all damages, liabilities, losses, causes of actions, expenses, claims and costs, including attorneys’ fees, incurred in the investigation and/or defense of any claim arising from or in any way connected to the unauthorized use or publication.

No Third-Party Beneficiaries of the Appraisal Services Agreement

Unless identified expressly in the agreement, there are no third-party beneficiaries of any Appraisal Services Agreement pertaining to the appraisal, and no other person or entity shall have any right, benefit or interest under such agreement. The identification of a party as an intended user of the appraisal does not mean that the party is a third-party beneficiary of the Appraisal Services Agreement.

Appraiser Not Responsible for Certain Conditions

Notwithstanding that Appraiser may comment on, analyze or assume certain conditions in the appraisal, Appraiser shall have no monetary liability or responsibility for alleged claims or damages pertaining to: (a) title defects, liens or encumbrances affecting the property; (b) the property’s compliance with local, state or federal zoning, planning, building, disability access and environmental laws, regulations and standards; (c) building permits and planning approvals for improvements on the property; (d) structural or mechanical soundness or safety; (e) contamination, mold, pollution, storage tanks, animal infestations and other hazardous conditions affecting the property; and (f) other conditions and matters for which licensed real estate appraisers are not customarily deemed to have professional expertise.

Maximum Time Period for Legal Actions

Unless the time period is shorter under applicable law, any legal action or claim relating to the appraisal or Appraisal Services Agreement shall be filed in court (or in the applicable arbitration tribunal, if the parties to the dispute have executed an arbitration agreement) within two (2) years from the date of delivery to Client of the appraisal report to which the claims or causes of action relate or, in the case of acts or conduct after delivery of the report, two (2) years from the date of the alleged acts or conduct. The time period stated in this section shall not be extended by any delay in the discovery or accrual of the underlying claims, causes of action or damages. The time period stated in this section shall apply to all non-criminal claims or causes of action of any type.

Limitations of Liability and Assignment of Claims

Appraisers include legal disclaimers that limit their financial liability. Before agreeing, check.

The Liability Cap: The contract will likely state the appraiser’s maximum liability for errors or omissions is limited to the fee you paid for the appraisal itself.
Third-Party Reliance: The agreement will likely prohibit you from passing the appraisal to third parties (like contractors or additional investors) without written permission.

Real Estate Transaction Contingencies

If you are buying a home and relying on an appraisal to secure a mortgage, the contract’s terms dictate what happens if the property value falls short of your offer (an appraisal gap). Review your purchase agreement to see if you have:

An Appraisal Contingency: This gives you the right to cancel the purchase and get your earnest money back if the home appraises for less than your offer.
Waived Contingency: Waiving this condition means you are contractually obligated to pay the agreed-upon price, even if the bank’s appraisal comes in low, requiring you to make up the difference in cash.

No Assignment of Claims

Legal claims or causes of action relating to the appraisal or Appraisal Services Agreement are not assignable, except: (i) as the result of a merger, consolidation, sale or purchase of a legal entity, (ii) with regard to the collection of a bona fide existing debt for services but then only to the extent of the total compensation for the appraisal plus reasonable interest, or (iii) in the case of an appraisal performed in connection with the origination of a mortgage loan, as part of the transfer or sale of the mortgage before an event of default on the mortgage or note or its legal equivalent.

Subpoenas and Testimony

In the event that Appraiser or Firm is compelled by subpoena or other legal or administrative process to provide testimony or produce documents relating to the appraisal or Appraiser’s services, whether in court, deposition, arbitration or any other proceeding, the party seeking such testimony or documents agrees to compensate Appraiser or Firm, as applicable, for the reasonable time incurred in connection with preparation for and provision of such testimony and/or documents at Appraiser’s rates in effect at that time and reimburse reasonable actual expenses.

Severability

If any provision of these Terms and Conditions is held, in whole or part, to be unenforceable or invalid for any reason, the remainder of that provision and the remainder of the entire Terms and Conditions will be severable and remain in effect.

Conflict with Appraisal Services Agreement

If any of these Terms and Conditions conflict with an Appraisal Services Agreement, the terms and conditions of the Appraisal Services Agreement shall control but only as between Client and Appraiser/Firm, unless the Appraisal Services Agreement expressly states otherwise.

Payment Authorization

By providing your credit or debit card information, you explicitly authorize our company to charge your card for the services rendered. You warrant that you are at least 18 years of age, have the legal authority to use the credit card, and that the card is issued in your name or you are fully authorized to use it.

Accepted Payment Methods

We accept payments from all major credit card brands, including but not limited to Visa, MasterCard, American Express, and Discover. All transactions are subject to the terms and additional conditions imposed by our third-party credit card payment processors.

Address Verification and Fraud Prevention

To comply with card network regulations and protect against fraud, all online or card-not-present transactions are subject to the Address Verification Service (AVS). Transactions may be declined if the billing address provided does not match the address on file with the card issuer.

Payment, Refunds, and Cancellation Policies

Refunds. Appraisal fees are non-refundable once the appraiser either (1) begins work or (2) schedules the on-site property inspection and regardless of whether you are aware that work has begun or the inspection has been scheduled. If the appraiser has not begun work or has not scheduled the on-site property inspection, then you may be entitled to a refund. If a refund is authorized, please allow [Insert Number] business days for the refund to appear on your credit card statement, depending on your card issuer.
Cancellations. Appraisals may be cancelled under the following circumstances.
Only if the appraisal order is canceled before the appraiser visits the property. Once the appraiser has conducted the physical inspection or completed the report, the fee is non-refundable $50.00 cancelation fee is required.
Payment for services rendered is not subject to offset for any reason. If the inspection time was established and agreed upon but the appraiser arrives at the property to perform the inspection and unable to gain access or is required to wait for an unreasonable amount of time as defined in the sole discretion of the appraiser then a “Trip Fee” of no more than $200.00 may be incurred.
Disputes and Chargebacks. As noted above Appraisal fees are non-refundable, but if it becomes your intention to dispute a charge with your bank or credit card issuer regardless, you agree to contact our customer support team prior to any such dispute to a charge directly at valuations@amoservices.com to resolve the issue before initiating a formal chargeback with your bank or credit card issuer. If a chargeback is filed, we reserve the right to suspend or terminate your appraisal services and to notify your lending institution regarding the dispute and non-payment immediately.
Refunds and Cancellations. All appraisal services are subject to our refund policy. If you are entitled to a refund, funds will be credited back to the original credit card used for the purchase. Please allow 3 to 14 business days for refunds to be processed and up to 30 days or one full billing cycle for the refund to appear on your credit card statement, depending on your card issuer.