Saturday, November 11, 2017

Signing Contracts Regarding Your Appraisal Management Dallas Texas

By David Ellis


After the HVCC implemented new rules in the middle of 2009, many appraisers realized they had to work with appraisal management companies they had ignored or avoided before that. Before the rules changed in 2009, appraisers tended to stay away from companies providing Appraisal Management Dallas Texas, or AMCs, and the bad reputations they had. However, with the change of rules, AMC's quickly became the major source of income for many appraisers.

Broadcasting of Low Fee Orders- In recent years, these companies have come under fire for broadcasting orders to many appraisers, seeking the lowest fee for servicing an order. Many experienced appraisers will not service these orders for such low fees. The result has been that many assessments are performed by less experienced appraisers who may not have enough business to decline the low-fee orders and still stay in business. Another result is that many seasoned real estate appraisal professionals have left the business as the low fees are insufficient to support the business expenses of running a small office of highly-trained professional staff.

This has, in turn, led to many assignments being done poorly. Consequently, is has led to increased lender requirements for each assignment, to compensate for sending assignments to less-experienced appraisers that may not, as a matter of course, include as much supporting material and commentary as an experienced professional.

One of these stipulations would be the indemnity clause, which holds the AMC harmless if a problem arises with any part of the assessment. This clause makes the appraiser responsible for the problem and financial responsibility for any legal cost suffered by the AMC, as well as any suffered by the appraiser. Many appraisers seeking to offset any legal costs have bought E&O Insurance. This type of insurance is reasonably priced and offers protection for peace of mind. However, E&O Insurance does not cover any form of an indemnity clause.

Other AMCs have appraisers on staff to review the evaluation reports while others have individuals who are not trained appraisers reviewing evaluations for compliance with lender requirements. These activities often add several days between when an appraisal is delivered to the AMC, and when the AMC delivers the report to the lender. Technology Fees- In addition to taking a cut of the fee for an evaluation, many AMCs also change the appraiser a "technology fee" in order to receive an order.

That is when the appraisal management contract comes in. Your E&O insurance is still in place, so you are covered for anything you did. However, now because of the "hold harmless clause, " you now have to cover all legal costs of the AMC as well.

The best form of protection an appraiser has is knowledge. Since word of the indemnity clause has circulated, a great number of AMCs have changed the contract to make it fairer for the appraiser. If an appraiser is careful, he or she can work with the AMC to utilize their services for a very comfortable income.

What are the Regulations for these companies? Most states have minimal regulations about these management companies, despite having significant regulatory control over banks and licensing control over appraisers. Some only require a small fee to register, and then the company can advertise for orders. There is no requirement for these companies to be owned, or staffed by licensed assessment or financial professionals.




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