Terms of Engagement
Terms of Engagement – All States Property Valuers
Acceptance of Terms
By engaging All States Property Valuers and using our services, you confirm that you have read, understood, and agreed to these Terms of Engagement. If you do not agree to these terms, in whole or in part, you must inform us immediately and refrain from using our services.
Purpose of Valuation
Our valuation reports are prepared solely for the purpose specified in your written instructions. They are not suitable for mortgage or lending security purposes, and we accept no responsibility if used for other applications.
Validity Period
Each valuation reflects market conditions as of the date stated in the report and remains valid for three (3) months. We do not provide guarantees regarding future market performance.
Confidentiality and Usage
The valuation report is confidential and intended exclusively for the client who engaged our services. It must not be reproduced, shared, or relied upon by third parties without our prior written consent.
Reliance and Interpretation
The report, including appendices and disclaimers, must be read in full. We are not responsible for misinterpretation or misuse of any part of the report by unauthorised parties.
Market Conditions Disclaimer
Property values are influenced by market dynamics and location-specific factors. We are not liable for any changes in value after the date of inspection or report issuance.
Conflict of Interest
To the best of our knowledge, no conflicts of interest exist regarding the subject property or any parties involved in this engagement.
Indemnity
The client and any authorised users of the report agree to indemnify All States Property Valuers, its employees, directors, and contractors against any claims, losses, or legal proceedings resulting from the use or reliance on the valuation.
Limitation of Liability
Our liability is limited to the amount paid for the valuation service. We are not responsible for indirect or consequential losses unless caused by proven fraud or willful misconduct.
Client Disclosure
Clients are responsible for providing accurate and complete information relevant to the valuation. We rely on this information in good faith and are not liable for errors arising from withheld or incorrect details.
Limited Liability Scheme
Our services are provided under a limited liability scheme approved under Professional Standards Legislation.
Amendments to Terms
We may update these terms without prior notice. Where appropriate, significant changes will be communicated in writing or published on our website.
Governing Law
These terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of NSW courts.
Statements on Future Values
Any commentary on projected values or market trends is provided as an estimate only and does not constitute a guarantee.
Turnaround and Delivery
Standard turnaround times range from 2 to 10 business days depending on property type and access. Reports are delivered in PDF format via email. Printed hard copies are available for $250 + GST, and additional copies at $50 + GST each.
Cancellation Policy
A 50% fee applies for cancellations after confirmation of engagement. A 100% fee applies for cancellations after inspection. No partial or draft reports are issued for cancelled instructions.
Legal Appearances
For court, tribunal, or mediation attendance, charges are $550 per hour (including GST) with a minimum booking of 4 hours per day.
Additional Services
Preparation of supplementary documents or participation in phone consultations is charged at $550 per hour (including GST).
Payment Terms
Full prepayment is required before scheduling an inspection. Invoices are issued upon receipt of a formal valuation request.
Overdue Payments
Interest on overdue invoices will be charged at 30% per month. Clients are also responsible for any collection, legal, or enforcement costs.
Valuer Interest Declaration
All States Property Valuers and its representatives declare no financial or personal interest in the subject property.
Copyright and Intellectual Property
All valuation reports remain the intellectual property of All States Property Valuers. Unauthorised reproduction, distribution, or public disclosure is strictly prohibited.
Valuation Basis
Our reports are prepared on one of the following bases:
- “As Is” Market Value
- “As If Complete” Hypothetical Market Value, based on supplied plans or specifications
Definitions
Market Value
“The estimated amount for which an asset should exchange on the valuation date between a willing buyer and seller in an arm’s length transaction, after proper marketing, with both parties acting knowledgeably, prudently, and without compulsion.”
— Australian Property Institute (API)
Market Rental Value
“The estimated amount for which an interest in real property should be leased on the valuation date between a willing lessor and lessee, under proper marketing, with both parties acting knowledgeably, prudently, and without compulsion.”
Valuation Uncertainty
“The possibility that the valuer’s opinion of Market Value may differ from the actual price achieved, assuming market conditions remain unchanged.”
— International Valuation Standards (IVS)
