New Appraiser Application and Agreement

Document Sample
New Appraiser Application and Agreement Powered By Docstoc
					                   New Appraiser Application and Agreement
                                       California Coast Appraisals


Thank you for your interesting in joining our network. Please be sure to complete ALL required fields.
Failure to do so will delay the processing of your application. * = Required Field. The following items
must be included with your application:

   •   Copy of your License
   •   Copy of your E&O declaration page showing a minimum of $500,000/$1,000,000
   •   Completed W9 form



*Appraiser Name: ______________________________________                   *Date: ______________

*Home Address: ______________________________________________                   Apt#: _________

*City: ___________________________________                 *State:_____         *Zip: _________

*Phone Number: (____)________________               *Fax Number: (____)____________________

*Email Address: _________________________________________________________________


*License Number: __________________          *Licensing State: _____      *Exp. Date: __________


Company Name (if applicable): ______________________________________

Business address is the same as the home address listed above: Yes: ____        No: ____

If no, please provide the following:

Business Address: _____________________________________________                 Apt#: _________

City: ____________________________________                 State:______         Zip: __________


*Mail communication and Payroll checks should be delivered to: Home: ____ Bus.: ____

If you were referred by another in-network appraiser please provide their ANID: ______________



                                     California Coast Appraisals
                              910 Sierra View Cir #3 Lincoln, CA 95648
                                  P: 916.847.2443 F: 916.239.6566
                    New Appraiser Application and Agreement
                                       California Coast Appraisals


*Please provide FIVE business references. At least THREE must be clients.

Name: ________________________________               Company Name: _________________________

Contact Number: (____)____________________ Position/Title: ___________________________


Name: ________________________________               Company Name: _________________________

Contact Number: (____)____________________ Position/Title: ___________________________


Name: ________________________________               Company Name: _________________________

Contact Number: (____)____________________ Position/Title: ___________________________


Name: ________________________________               Company Name: _________________________

Contact Number: (____)____________________ Position/Title: ___________________________


Name: ________________________________               Company Name: _________________________

Contact Number: (____)____________________ Position/Title: ___________________________


*Please provide a list of counties you are willing to cover at the contracted rate




                                      California Coast Appraisals
                               910 Sierra View Cir #3 Lincoln, CA 95648
                                   P: 916.847.2443 F: 916.239.6566
                   New Appraiser Application and Agreement
                                      California Coast Appraisals

                                    Appraiser Agreement
      This agreement dated ________________________________ is between California Coast
Appraisals (“The Company”) located at 910 Sierra View Cir #3 Lincoln, CA 95648 and
_________________________________________ (“The Contractor”), as an independent contractor.

       This agreement will be effective from the date stated above until such time as The Contractor is
no longer a part of The Company's network of appraisers after either leaving voluntarily or being
removed by The Company for a breach of this agreement.

       The Contractor agrees to conduct real estate appraisals for various third parties upon reasonable
request of The Company.

        The Contractor enters into this agreement, and will remain throughout the term of the
agreement, as an independent contractor. The Contractor agrees that he/she is not and will not become
an employee, partner, agent, or principal of The Company while this agreement is in effect. The
Contractor agrees he/she is not entitled to the rights or benefits afforded to The Company's employees,
including disability or unemployment insurance, workers' compensation, medical insurance, sick leave,
or any other employment benefit. The Contractor is responsible for providing, at his/her own expense,
disability, unemployment, and other insurance, workers' compensation, training, permits, and licenses
for himself/herself and for his/her employees and subcontractors.

       The Contractor will determine the method, details, and means of performing the above-
described services. The Contractor does, however, agree to fulfill the following level of service as a
condition of being part of The Company's network:

   •   Call on all new orders the same business day
   •   Inspect all new orders within two business days of receiving the order (Unless borrower is
       unavailable)
   •   Complete all reports within two business days of inspection
   •   Address all lender/broker conditions received before 11:30 am the same business day. Address
       all lender/broker conditions received after 11:30 am by no later than 12:00pm the next business
       day

        Contractor will supply all tools, materials, and equipment required to perform the services under
this agreement.

       The Contractor is responsible for paying when due all income taxes, including estimated taxes,
incurred as a result of the compensation paid by The Company to The Contractor for services under this
agreement. On request, The Contractor will provide The Company with proof of timely payment in the


                                     California Coast Appraisals
                              910 Sierra View Cir #3 Lincoln, CA 95648
                                  P: 916.847.2443 F: 916.239.6566
                   New Appraiser Application and Agreement
                                      California Coast Appraisals

event that certain taxes are being sought by a government agency only. The Contractor agrees to
indemnify The Company for any claims, costs, losses, fees, penalties, interest, or damages suffered by
The Company resulting from The Contractor's failure to comply with this provision.

The Contractor must submit a completed W9 form before receiving any payment for work preformed.
If, while working with The Company, the information on The Contractor's W9 form changes, The
Contractor agrees to submit an updated copy within 30 days.

       The Contractor understands that in order to ensure quality, The Company will review a sample
number of The Contractor's reports per month. If The Company has concerns about the quality of The
Contractor's work, The Contractor will be contacted for an explanation. Failure to provide an
appropriate explanation, or failure to improve the quality of The Contractor's work could result in
withholding additional orders and/or a permanent ban from The Company's appraiser network.

        The Contractor will not, under any circumstances, apply any digital signature to an appraisal
report except for his/her own.

      Neither this agreement nor any duties or obligations under this agreement may be assigned by
The Contractor without the prior written consent of The Company.

        The Contractor represents that he/she has the qualifications and skills necessary to perform the
services under this agreement in a competent, professional manner, without the advice or direction of
The Company. This means The Contractor is able to fulfill the requirements of this agreement. Failure
to perform all the services required under this agreement constitutes a material breach of the agreement.
The Contractor has complete and sole discretion for the manner in which the work under this
agreement will be performed.

       The Contractor agrees to maintain a policy of insurance in the minimum amount of
$500,000.00/$1,000,000.00 to cover any negligent acts or omissions committed by The Contractor or
The Contractor's employees or agents during the performance of any duties under this agreement. The
Contractor shall furnish a certificate of insurance and an endorsement executed by its insurers, showing
compliance with this requirement upon The Company's demand. The Contractor agrees to indemnify
and hold The Company free and harmless from any and all claims arising from any such negligent act
or omission.

        The Contractor understand all appraisers in The Company's network are independent appraisers.
The Contractor understand that the majority of orders that will come to The Contractor via The
Company's network will be from another appraiser's clients. While this agreement is in effect and for a
period of two years after leaving/being removed from the The Company's network, The Contractor
agrees to never attempt to make direct contact with any person and/or company placing an order via the
The Company's network unless The Contractor has had, and can prove having, a previous business


                                     California Coast Appraisals
                              910 Sierra View Cir #3 Lincoln, CA 95648
                                  P: 916.847.2443 F: 916.239.6566
                    New Appraiser Application and Agreement
                                      California Coast Appraisals

relationship with that person and/or company in which The Contractor acted as a hired appraiser
professional. The Contractor also agrees that while this agreement is in effect and for a period of two
years after leaving/being removed from the The Company's network, The Contractor will not engage in
the starting and/or funding of a company that would be engaged in business practices considered direct
competition to The Company's. This would include an Appraisal Management Company that engages
in the practice of managing the appraisal process for it's clients via a network of contracted appraisers,
or another work sharing appraiser network similar to The Company's. In the case where any of this is
violated and irreparable damages are caused, The Contractor will be provided, in writing, a request for
damage compensation in the amount of estimated losses. If an agreement cannot be reached within two
(2) week from the written compensation request, the dispute shall be settled by arbitration in
accordance with the rules of the American Arbitration Association. Judgment on the award rendered by
the arbitrators may be entered in any court having jurisdiction over the award. The proceedings shall
be in English.

        While this agreement is in effect and for a period of 2 years after it's termination The Company
agrees that it will not attempt to contact The Contractor's clients which The Contractor has referred to
The Company's network directly for the purpose of soliciting business that The Contractor has not
referred, or the client of The Contractor has not ordered of their own free will through The Company's
network. If however, after leaving/being removed from The Company's network, The Contractor's
referred clients choose, of their own free will, to continue to do business with the The Company, The
Company will not be held liable for a possible loss of work or income, nor shall The Company be
responsible to continue to pay The Contractor referral fees. In the case where this is violated and
irreparable damages are caused, The Contractor will provided The Company, in writing, a request for
damage compensation in the amount of estimated losses. If an agreement cannot be reached within two
(2) week from the written compensation request, the dispute shall be settled by arbitration in
accordance with the rules of the American Arbitration Association. Judgment on the award rendered by
the arbitrators may be entered in any court having jurisdiction over the award. The proceedings shall
be in English.

       The Contractor understands that The Company tracks referrals via The Contractor's assigned
ANID (Appraiser Network Identification) number, and that the Contractor's clients must reference both
The Contractor's name ANID number in the comments section of any order they place in The
Company's network in order for The Contractor to receive payment for that referral. The Company will
attempt to track even those orders placed without the reference of The Contractor's name and ANID,
but cannot guarantee referral payments on these orders. It is The Contractor's responsibility to
communicate this proper ordering process to their clients. The Company shall not be held liable for a
Contractor's client's failure to provide this information.

       The Contractor understands that The Company pays all referral fees and all appraisal fees bi-
monthly on the First and the Fifteenth of each month (or the first business day following the First or the
Fifteenth should the First or the Fifteenth fall on a weekend or holiday). Both appraisal and referral


                                      California Coast Appraisals
                               910 Sierra View Cir #3 Lincoln, CA 95648
                                   P: 916.847.2443 F: 916.239.6566
                    New Appraiser Application and Agreement
                                       California Coast Appraisals

fees are paid when the appraisal has been completed and delivered. In order to be paid within the
current pay period, the appraisal must be completed and delivered two business days before the end of
that pay period.

The Contractor agrees to the following fee structure/fee split:

1004/1073 FHA Appraisals:             $425.00 - $25.00 referral fee / $325.00 appraisal fee
FHA Exterior Only :                   $350.00 - $20.00 referral fee / $260.00 appraisal fee
2-4 Unit FHA Appraisals:              $550.00 - $25.00 referral fee / $425.00 appraisal fee
Rent Survey/Operating Income:         $75.00 - $5.00 referral fee / $55.00 appraisal fee
Re inspection/CIR:                    $55.00 - $0.00 referral fee / $50.00 appraisal fee

Fee splits for other appraisal assignments will be agreed upon when the order is placed before the order
is assigned to The Contractor. All appraisal fees are collected up front by The Company via electronic
payment (Visa, MasterCard, Paypal). The remainder of the above stated fees are kept by The Company
to cover business expenses including electronic transfer fees, necessary staff, web development and
support, etc.

      The Contractor shall be responsible for all expenses incurred in preforming services under this
agreement.

        Any written, printed, graphic, or electronically or magnetically recorded information furnished
by The Company for The Contractor's use are the sole property of The Company. This proprietary
information includes, but is not limited to, customer requirements, customer lists, marketing
information, and information concerning The Company's employees, products, services, prices,
operations, and subsidiaries. The Contractor will keep this confidential information in the strictest
confidence, and will not disclose it by any means to any person except with The Company's approval,
and only to the extent necessary to perform the services under this agreement. This prohibition also
applies to The Contractor's employees, agents, and subcontractors. On termination of this agreement,
The Contractor will return any confidential information in his/her possession to Client.

        This agreement supersedes any and all agreements, either oral or written, between the parties
with respect to the rendering of services by The Contractor for The Company and contains all of the
representations, covenants, and agreements between the parties with respect to the rendering of those
services. Each party to this agreement acknowledges that no representations, inducements, promises, or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not contained in this agreement, and that no other agreement, statement, or promise not
contained in this agreement will be valid or binding. Any modification of this agreement will be
effective only if it is in a writing signed by both parties.




                                      California Coast Appraisals
                               910 Sierra View Cir #3 Lincoln, CA 95648
                                   P: 916.847.2443 F: 916.239.6566
                    New Appraiser Application and Agreement
                                        California Coast Appraisals

       No Waiver or modification of this Agreement will be binding upon either party unless made in
writing.

       No failure or delay in enforcing any right will be deemed a waiver.

       Neither party may assign this Agreement to any third party without the prior written consent of
the other party.

       The Contractor agrees to indemnify, defend, and hold The Company free and harmless from all
claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies,
including interest, penalties, attorneys' fees, and costs, that The Company may incur as a result of a
breach by The Contractor of any representation or agreement contained in this agreement.

        In the event that any of the provisions of this Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in
full force and effect.

        This Agreement shall be governed by laws of the State of California, USA. Any dispute,
controversy or claim arising out of or relating to this agreement, or the breach, termination or validity
thereof, which is not settled by the parties within thirty (30) days after written notice thereof is given by
one party to the other, shall be finally settled by arbitration in accordance with the Rules of the
California State Arbitration Association. The arbiter tribunal shall consist of a sole arbitrator. The
language of the proceedings shall be in English.


Written Name: ______________________________________________


Company Name: ____________________________________________


Title: ____________________________________


Signature: ________________________________________


Date: _______________________




                                      California Coast Appraisals
                               910 Sierra View Cir #3 Lincoln, CA 95648
                                   P: 916.847.2443 F: 916.239.6566