Terms And Conditions

Rocky Mountain Appraisal, LLC TERMS AND CONDITIONS

1-Technology Fees: By placing a request for service through this website or directly with Rocky Mountain Appraisal you have agreed to the following terms and conditions. Your acceptance and agreement to these terms are made manifest by your request for services.

Rocky Mountain Appraisal does not allow deductions for “platform fees” or “technology fees” to reduce the net billing or amount owed for services. Should you or your company insist on a technology fee being applied, you will need to pay the fee in addition to the agreed fee. The net fee paid Rocky Mountain Appraisal must meet the minimum agreed fee for the service.

2-Collection: Interest is incurred for any balance not paid within 30 days of the due date, at a rate of 24% per annum in addition to late fees, collection costs, and attorney fees along with appropriate legal fees unless other satisfactory arrangements have been made.

3-Appraisal Conditions. The appraisal(s) performed under this Agreement will be subject to all statements, assumptions, limiting conditions, and other conditions (collectively, “Appraisal Conditions”) outlined in the appraisal report(s). Client agrees to review the Appraisal Conditions upon receipt of the report(s) and that Client’s use of the appraisal(s) will constitute acceptance of the Appraisal Conditions. The Appraisal Conditions shall be considered as being incorporated into and forming part of this Agreement concerning the appraisal in which they are contained and the services relating to the appraisal.

Unless specifically stated otherwise in an appraisal report, and without limiting the Appraisal Conditions applicable to any report, Appraiser and Client agree that the appraisal will be based on the following assumptions and that Appraiser and its Personnel shall have no responsibility for determining and disclosing whether: (a) title to the subject property is good and marketable; (b) the subject property is free and clear of liens and encumbrances; (c) the property is in compliance with local, state and federal zoning, building, disability access and environmental laws, regulations and standards; (d) the subject property is free of contamination, mold, pollution and other hazardous materials; (e) improvements on the subject property are mechanically and structurally sound; (f) required building permits and planning approvals exist for improvements on the subject property; and (g) lease, rent and expense information received by Appraiser from third parties believed to be reputable is truthful and accurate.

Our estimated fee is not contingent or otherwise dependent on any opinion, statements, or findings, which will be presented in this engagement. To safeguard against any assertion or allegation that our work may in some way be influenced by or contingent upon the outcome of this litigation, all outstanding invoices for professional services relating to this engagement must be paid in full before our furnishing testimony in deposition or trial.

The results of our engagement will be documented in a formal report. We understand that the purpose of our valuation will be to report the fair market value of 100% interest on the referenced property. The use is for the client’s use. Accordingly, our report cannot be distributed to outside parties to obtain credit, published, or used in any other manner without the expressed written consent of this firm. If, for any reason, we are unable to complete the valuation engagement, we will not issue a report as a result of this engagement. We have no responsibility to update our report for events and circumstances that occur after the date of issuance

4-Review or request for modifications to report. Once the “Appraisal Report” has been delivered (mail, or email) to the client, the client or their representative shall have 10 business days to review and request modifications, corrections, or alterations to the “Appraisal Report” to the Appraiser to ensure accuracy. After the 10-day review period. the client has officially accepted the report as prepared no other changes are warranted without an additional fee or modification to the Scope of Work.

5-Confidentiality. Appraiser and its Personnel will comply with all duties of confidentiality imposed by applicable law and professional appraisal standards (including the Uniform Standards of Professional Appraisal Practice, if applicable to the assignment). Client consents to and authorizes Appraiser and its Personnel to disclose the appraisal report(s) and other information relating to the appraisal assignment, including information which may be considered confidential, to third persons only: (a) as required by law, (b) as necessary for compliance with professional appraisal standards, and (c) as necessary for Appraiser’s or its Personnel’s response to threatened or actual legal or regulatory actions.

The Appraiser shall limit access to any information provided, as well as all written and oral communications, work product, or any file material (other than publicly available materials) considered as “Confidential Information”. This information will be subject to attorney work product doctrine, and if applicable, the attorney-client privilege.

Such Confidential Information will be disclosed solely to its employees, attorneys, consultants, and other agents with a “need to know” for such purpose, solely the connection with and for the furtherance of this work assignment/product, and not for any other purpose whatsoever without prior express written consent of the Client, or as required to be disclosed under any applicable law, regulation, judicial or administrative order or decree, or request by other regulatory agency/organization having authority under the law including duly authorized agents from any professional organization, and shall advise such employees, attorneys, consultants and other agents of their confidentiality obligations under this Agreement.

6-Severability in the Event of Invalidity. If any provision of this Agreement for Service 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 Agreement for Service will be severable and remain in effect.

7-Special or Consequential Damages. Neither party nor any of its Personnel shall be liable to the other party for special or consequential damages, including, without limitation, loss of profits or damages proximately caused by loss of use of any property, whether arising from either party’s or its Personnel’s negligence, breach of this Agreement or otherwise, whether or not a party was advised, or knew, of the possibility of such damages, or such possibility was foreseeable by that party or its Personnel. The Personnel of each party is intended third-party beneficiaries of this section.

8-Applicable Law. This Agreement shall be construed and governed under the laws of the State of Arizona without reference to its conflict of laws principles

9-Limitations of Liability of Each Party to the Other Party. Appraiser and Client agree that to the fullest extent permitted by applicable law, each party’s and its Personnel’s maximum aggregate and joint liability to the other party for any claims or causes of action relating to this Agreement or to appraisals or other services under this Agreement shall be limited to the compensation paid to Appraiser for the services that are the subject of the claim(s) or cause(s) of action. The Personnel of each party is intended third-party beneficiaries of this section.

10- Notice: The proposed valuation service that will be developed for the intended client and used as proposed herein will be a “professional opinion(s)” which will be developed and reported by recognized laws, regulations, standards, and applications. The proposed results will be my professional opinion of value, as defined by the standard of value, which standard for this assignment is: “Market Value”. The development, subsequent report, and analysis remain the intellect of the author unless otherwise stated. These proposed results of this assignment are NOT a guarantee, implied or otherwise that the developed and reported, market value results are what the subject property would sell for or of its actual “price”. No guarantee should be assumed, and no guarantee is implied concerning the subject’s value as being equal to “Price”.

11- Cancellation Fees and Policy: The cancellation policy of an “Appraisal Assignment or Consulting Assignment” is as follows, should the client wish to cancel an “Appraisal Assignment or Consulting Assignment” before official engagement no fee is required unless specific arrangements to provide initial research are required. Should the client wish to cancel an assignment after engagement but before the “inspection” of the property a billable rate of, $200.00 towards any work that has been completed to the cancellation point will be charged. Should the client wish to cancel an assignment after inspection but before the communication of results, 50% of the quoted fee or billable rate will apply. The entire fee is determined to be earned once the results of the assignment are developed.

12- Payment Policies: As you are aware, the market has experienced dramatic changes in 2020 – 2021 and to remain efficient, it has become necessary for us to adopt the following policies:

  • Unless we have performed a minimum of 10 completed assignments for you in the previous 12 months, we now require payment in full at the time of engagement.
  • As of 01/01/2022, we will no longer accept or respond to broadcast quote requests from AMC.
  • As of 01/01/2022, we will no longer pay fees (including mercury fees) associated with the platform or other technology fees charged by clients or AMCs.

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