AppraisalPort's New & Improved "Users Agreement" Released

[Brian Davis]

The following was posted on Appraisal Scoop and reposted here for further discussion:

On September 12th, Appraisal Scoop reported that "The new AppraisalPort® User Agreement scheduled to be effective September 13, 2008 has been deferredto accommodate further industry comments. The current AppraisalPort Subscription Agreement shall remain in effect until further notice."

That deferral was presumably the result of a heated debate over the renewed awareness of the "Hold Harmless" clause that the User Agreement contained.  Here's what the original "Hold Harmless" clause looked like . . .

On November 10, 2008, AppraisalPort issued the following memo to registered appraisers:

"This message is to notify you that the AppraisalPort® User Agreement has been updated and the amended version will become effective for all users on December 13, 2008. Your valuable feedback was taken into consideration in developing this version, which you may view by clicking here. Upon your first login to AppraisalPort after the effective date, you will be asked to acknowledge that the AppraisalPort User Agreement has been amended before you can gain access to your AppraisalPort account."

In contrast, here's what the *New* Hold Harmless clause looks like . .

 

What do YOU think?!   Does changing the language from "Subscriber" to "User" effect the appraiser's liabililty?   Will this effect how the E&O insurance companies view our liability. 

[Paul W.]

Central Valley,

I believe that many of the lender/clients do not know what is happening (one exception is Landsafe/Countrywide, I believe they know EXACTLY whats going on!), thats why it's important for appraisers to notify these clients!!!

[Dave Fuller]

The change does not appear to be a "change" whatsoever. Bottom line is this: If Appraisers, as a group, are to continue to work with companies that steal our data and want to force unethical one-sided 'Agreements" onto us just because we need/want to have the work, then this type of company will continue to flourish at our expense (in many ways). I worked with appraisal port from 2002-2006 during the boom and they made plenty of loot off me.
Then it caught my eye they were changing reports and stripping data... final straw was discovering what the User Agreement really contained. When I read it ( never really bothered to before)I told them via email earlier this year to absolutely REMOVE ME from their system, that I will never do work with./through them until they agree to guarantee that the will NOT STEAL data, NOT CHANGE data, and change the agreement to a fair playing field.

HERES THE BOTTOM LINE; (1) if you continue to work with APPRAISALPORT then DON'T COMPLAIN- you have agree to let them STEAL, CHEAT, and YOU SAID IT WAS OKAY BY AGREEING TO THEIR TERMS. (2) if you have any HEART and GUTS, TELL Appraisalport TO SHOVE THE AGREEMENT WHERE THE SUN DOES NOT SHINE.. SEND (email) THEM A MESSAGE telling WHY, have your name removed until they agree to change their ways , and let the Lender know why you are not working with appraisalport. Stand by your ethics, regardless of what others are doing. "I need the business" is a lame excuse. If you keep working l with companies that steal your data you'll likely be out of business totally at some point. Stop complaining and do something about the situation, and they obviously aren't gong to change the status quo- quit Appraisalport- they'll get the message. They are nothing if they dont have appraisers. They need us, we don't need them ! NUf said, back to work..