Terms of Engagement
Terms of Engagement – Valuers NSW
Acceptance of Terms
By engaging Valuers NSW and using our services, you confirm that you have read, understood, and agreed to these Terms of Engagement. If you do not agree to any part of these terms, you must notify us immediately and refrain from proceeding with our services.
Purpose of Valuation
Our valuation reports are prepared exclusively for the purpose outlined in your formal instructions. They are not intended for mortgage or lending security use, and we accept no responsibility if applied to other purposes.
Validity Period
Each valuation reflects market conditions as of the report date and remains valid for three (3) months. We do not provide guarantees regarding future property market performance.
Confidentiality and Usage
Valuation reports are confidential and intended solely for the client who engaged our services. They must not be shared, reproduced, or relied upon by third parties without our prior written consent.
Reliance and Interpretation
The report, including all appendices and disclaimers, must be reviewed in full. We are not liable for misinterpretations or misuse of individual sections by unauthorised parties.
Market Conditions Disclaimer
Property values are subject to fluctuations in market dynamics and location-specific factors. We are not responsible for changes in value after the date of inspection or report issuance.
Conflict of Interest
To the best of our knowledge, there are no conflicts of interest relating to the subject property or parties involved in this engagement.
Indemnity
The client and any authorised users of the report agree to indemnify Valuers NSW, its employees, directors, and contractors against any claims, losses, or legal actions resulting from reliance on the valuation.
Limitation of Liability
Our liability is limited to the fee paid for the valuation service. We are not responsible for indirect or consequential losses unless arising from proven fraud or wilful misconduct.
Client Disclosure
It is the client’s responsibility to provide accurate and complete information relevant to the valuation. We rely on the data provided in good faith and accept no liability for errors caused by withheld or incorrect details.
Limited Liability Scheme
Valuers NSW operates under a limited liability scheme approved under Professional Standards Legislation.
Amendments to Terms
We reserve the right to amend these terms at any time without prior notice. Significant updates 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 fall under the jurisdiction of NSW courts.
Statements on Future Values
Any commentary on projected property values or market trends is an estimate only and does not constitute a guarantee.
Turnaround and Delivery
Typical 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 at $250 + GST, with additional copies at $50 + GST each.
Cancellation Policy
A 50% fee applies for cancellations after engagement confirmation. A 100% fee applies for cancellations after property inspection. No partial or draft reports will be issued for cancelled instructions.
Legal Appearances
Attendance at court, tribunal, or mediation is charged at $550 per hour (including GST), with a minimum booking of 4 hours per day.
Additional Services
Preparation of supplementary documentation or participation in phone consultations is billed at $550 per hour (including GST).
Payment Terms
Full payment is required prior to scheduling an inspection. Invoices are issued upon receipt of a formal valuation request.
Overdue Payments
Interest of 30% per month applies to overdue invoices. Clients are also responsible for any recovery, legal, or enforcement costs.
Valuer Interest Declaration
Valuers NSW 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 Valuers NSW. Unauthorised reproduction, distribution, or public disclosure is strictly prohibited.
Valuation Basis
Reports are prepared on one of the following bases:
- “As Is” Market Value
- “As If Complete” Hypothetical Market Value based on provided 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)
