Engagement Agreement
Appraisal Engagement Agreement
This agreement is between Country First Appraisal LLC, 4261 E University Dr #30-223, Prosper, TX 75078 ("Appraiser") and the person or entity ordering the appraisal ("Client"). It takes effect when Client accepts it on the order page and is the only agreement for this assignment.
1. The assignment
| Item | Detail |
|---|---|
| Property | As entered on the order form |
| Intended use | As entered on the order form |
| Intended user(s) | Client and any others named on the order form, and no one else |
| Type of value | Market value, unless the order form states otherwise |
| Date of value | As entered on the order form |
| Appraiser's role | Impartial, independent valuation under USPAP |
The appraisal will be completed in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). Delivery dates are the Appraiser's best effort and are not guaranteed.
2. Disclosures
The Appraiser has no present or prospective interest in the property and no personal interest in, or bias toward, the property or any party to this engagement.
Prior services. USPAP requires the Appraiser to disclose any services performed on the subject property, as an appraiser or in any other capacity, within the three years before accepting this assignment. Based on a reasonable search of the Appraiser's records at the time of this agreement, the Appraiser has no such prior services to disclose except as stated in writing to Client. Client understands that the Appraiser's files are organized by assignment and that a prior engagement may not come to light until the Appraiser opens the file and begins work. If the Appraiser identifies prior services at any time, including after this agreement is signed and after work has begun, the Appraiser will disclose them to Client promptly in writing. A disclosure made at that point is not a breach of this agreement. Client may then confirm the assignment in writing or cancel it, and if Client cancels within three business days of the disclosure, Client owes nothing beyond the Appraiser's charge for work already completed under Section 8. The Appraiser may also withdraw if USPAP or the Appraiser's judgment requires it. Client agrees to tell the Appraiser promptly about any prior appraisal, listing, dispute, or other involvement with the property that Client knows of.
Compensation. The Appraiser's compensation does not depend on the development or reporting of a predetermined value or direction in value, on the amount of the value opinion, on a stipulated result, or on any later event directly related to the intended use of the appraisal.
3. Fee and payment
- Fee. The fee is the amount quoted on the order form or in the Appraiser's invoice. It pays for the Appraiser's time, expertise, and professional judgment. It is not contingent on the value reached or on any outcome for Client, including loan approval, the result of a tax protest, divorce, or lawsuit, or the closing of a sale. The fee is owed whether or not Client likes the result.
- Payment. Payment is due on the terms stated on the order form. Unless the Appraiser agrees otherwise in writing, the Appraiser delivers the report only after payment in full, and may withhold the report, drafts, and related work product until then. Client's obligation to pay does not depend on delivery.
- Late balances. Any unpaid balance accrues interest at 1.5% per month (18% per year) from the due date until paid. A payment that is returned, reversed, or disputed in bad faith carries a $30 fee, plus any bank charges the Appraiser incurs.
- Collection. If the Appraiser uses an attorney or collection agency to collect any amount owed, Client pays all reasonable attorney's fees, court costs, and collection costs.
- No offset or withholding. Client may not withhold, reduce, or delay payment because of a dispute with anyone, a delay by another party, a financing or tax outcome, or a claim against the Appraiser. Client's remedies for any claimed error are limited to those in Section 11.
- Additional work. Updates, revisions other than correcting the Appraiser's own errors, added scope, a changed date of value or intended use, and extra trips to the property are not included in the fee. The Appraiser quotes them, and Client agrees to them in writing, before the work begins.
- Fee adjustment. If the property, the scope, or the facts turn out to differ materially from what Client gave on the order form (for example a larger size, added parcels or buildings, or a different property type), the Appraiser may adjust the fee. Client may then cancel under Section 8.
4. Independence and no advocacy
The Appraiser is an impartial, independent valuation professional, not Client's advocate, and has a duty to report credible, unbiased opinions under USPAP whatever the consequences for Client. The Appraiser does not work toward a value Client prefers, a target, minimum or maximum value, a value that supports a loan amount, purchase price, tax position, or settlement position, or any other predetermined result, and will decline or withdraw if asked to. Client agrees not to ask, pressure, or encourage the Appraiser to reach a particular value or conclusion; any such request is a breach of this agreement and entitles the Appraiser to withdraw under Section 8.
This applies to every use of the appraisal, including tax protests, refinances, purchases, estate and probate matters, divorce, partition, and other litigation. In a property tax matter, the Appraiser is not hired to lower an assessment and does not represent Client before an appraisal district, review board, arbitrator, or court. The appraised value may be higher than, equal to, or lower than the assessed value, purchase price, listing price, or any value Client expected. The Appraiser guarantees no outcome and makes no promise that the appraisal will support any price, loan, protest, or position. The fee is fully earned whatever the conclusion.
5. Intended users and use of the report
The report is prepared only for Client and the intended users identified in Section 1, and only for the intended use stated there. No one else is an intended user or may rely on the report for any purpose, and the Appraiser owes no duty to anyone who is not a party to this agreement. The Appraiser may agree in writing to add an intended user, which may change the fee and terms. Nothing in this agreement or the report creates a third-party beneficiary.
Client will not deliver, sell, publish, file, or quote the report, or any part of its value conclusion, to or for any other person or purpose without the Appraiser's prior written consent. That includes giving it to a lender, buyer, seller, insurer, taxing authority, court, opposing party, or other third party who is not an identified intended user. If Client does so, or if anyone obtains and uses the report without consent, that use and reliance are at the sole risk of Client and that person, and Client is responsible under Section 11.
6. Divorce, estate, and multi-party matters
If the property or the appraisal is connected with a divorce, separation, partition, estate or probate, guardianship, bankruptcy, or any other dispute between two or more people, all of the following also apply. Client is only the person or entity that signs this agreement. A spouse, former spouse, co-owner, heir, beneficiary, creditor, opposing party, or their attorney is not a client or intended user, and does not become one by taking part in the inspection, receiving the report, or communicating with the Appraiser, unless the Appraiser agrees in writing and receives a signed agreement from that person. The Appraiser takes direction only from Client and will not discuss Client's information, the report, or the value with a non-client without Client's consent, but may consider anything a non-client says during the inspection if it is relevant to value. The Appraiser remains impartial, will not advocate for Client against the other party, will not give legal advice, and will not accept instruction about what value to reach; the value opinion may help or hurt Client's position.
Client is responsible for arranging access, including access controlled by a co-owner, occupant, tenant, or opposing party. If any person refuses, delays, interferes with, or does not cooperate, the Appraiser may, in the Appraiser's sole discretion, reschedule, proceed using disclosed extraordinary assumptions or hypothetical conditions, limit the scope, or withdraw; none of these is a breach by the Appraiser, and Section 8 governs the fee. Client owes the fee whatever any other person does or fails to do: a settlement, court order, dismissal, reconciliation, sale, change of attorney, loss of access, non-cooperation, or Client's decision not to use the report does not reduce, delay, or cancel the fee for work already started. Whether to file or use the report is Client's and Client's attorney's decision; testimony is governed by Section 9, and the Appraiser may withdraw if asked to change, withhold, or reword the report's conclusions.
7. Not an inspection; access, information, and assumptions
This is an appraisal. It is not a home inspection, building inspection, engineering study, survey, or environmental assessment. The Appraiser is a real estate appraiser, not a home inspector, engineer, architect, contractor, environmental professional, surveyor, or attorney, and does not act as one here. The Appraiser visits the property only to identify and describe the features that affect its value.
- No opinion on condition or hazards. The Appraiser gives no opinion, finding, representation, or warranty, express or implied, about the condition, soundness, safety, habitability, or fitness of the property or any part of it, including without limitation the foundation, structure, roof, plumbing, electrical, HVAC, appliances, septic, wells, drainage, and pools. The Appraiser does not test for or opine on mold, moisture, asbestos, lead-based paint, radon, pests, contamination, underground tanks, flooding, or any other hazardous or health-related condition, and does not check compliance with building, fire, life-safety, accessibility, zoning, or permit requirements.
- Limited observation; silence is not approval. The Appraiser sees only what is visible and safely accessible during a brief visit, and does not move belongings, open walls, enter attics, crawl spaces, or roofs, operate or test any system, or measure to survey accuracy; measurements and descriptions are approximate. If the report mentions a condition or defect, it does so only because it matters to value — the mention is not a complete list and not a diagnosis. If the report does not mention a condition, that does not mean it does not exist or that the property is sound, safe, or free of defects. Client is solely responsible for hiring licensed inspectors, engineers, surveyors, and other professionals for any condition that matters to Client's decisions, agrees not to rely on the appraisal for that purpose, and will tell every person who receives the report that it is not an inspection.
- Assumptions. Unless the report states otherwise, the Appraiser assumes that title is good and marketable, that there are no hidden defects, that structural and mechanical components work, that the property complies with applicable codes and laws, and that there are no hazardous conditions. The Appraiser may use extraordinary assumptions and hypothetical conditions as USPAP allows and will state them in the report. If an assumption proves false, the value opinion may change, and the Appraiser is not responsible.
- Information and authority. Client will provide timely access and accurate, complete information that Client controls, and will promptly disclose anything that could affect value. The Appraiser may rely, without verifying it, on information from Client, public records, MLS and data services, and other sources the Appraiser believes reliable, and is not responsible for errors in it. Client consents to the Appraiser taking photographs and notes for the appraisal and workfile, and confirms authority to give that consent and to grant access.
Entry and safety. Client authorizes the Appraiser to enter and inspect the property and confirms that the owner and every occupant have been told and agree. Client will tell the Appraiser before the visit about any dangerous animal, unsafe condition, weapon, person, or other risk, and will confine or remove every animal before the Appraiser arrives. The Appraiser may decline to enter, or may leave, any property or area the Appraiser believes is unsafe or where the Appraiser feels threatened, without liability, and Section 8 governs the fee. The Appraiser is not liable for accidental or minor damage in the ordinary course of a visit — a scuffed item, a mark on a floor, wall, or lawn, a gate left open, or an escaped animal — unless a court finally determines it was caused by the Appraiser's gross negligence or willful misconduct; Client and occupants are responsible for securing fragile or valuable items beforehand.
Injury or damage to the Appraiser. As between the Appraiser and Client, Client is responsible for any injury, illness, loss, or damage suffered by the Appraiser, the Appraiser's assistants, or their vehicles and equipment at or because of the property, including an animal attack, a fall, a hazardous condition, an act of an owner, occupant, or visitor, or Client's failure to give the warnings above. Client will pay on demand the resulting medical costs, repair or replacement costs, lost time at the rate in Section 9, and related expenses, and will defend and indemnify the Appraiser Parties against related claims. Section 11 does not limit this obligation.
8. Cancellation, missed appointments, and withdrawal
The Appraiser reserves time for each appointment, often by turning away other work. In every case below, the amount charged is determined solely by the Appraiser, in the Appraiser's sole and absolute discretion, and never exceeds the full fee. Client agrees that the harm from a lost appointment is hard to measure and that the amount charged is fair compensation, not a penalty. The Appraiser may waive all or part of a charge, and a waiver on one occasion is not a waiver on any other.
- Before the inspection. Client may cancel at no charge by written notice received at least 24 hours before the scheduled inspection. With less notice, or if the Appraiser arrives and cannot get access or no one is available as scheduled, the Appraiser may charge any amount from a trip fee up to the full fee.
- After the inspection, before the report is complete. At least 50% of the fee is due. If the Appraiser has done work beyond the inspection — research, data gathering, comparable selection, analysis, or drafting — the Appraiser may instead charge an amount representing the work completed, up to the full fee, based on the Appraiser's time records and judgment.
- Notice, deliverables, and advance payments. Cancellation must be in writing; email to info@countryfirstappraisal.com is enough, and it takes effect when the Appraiser receives it. The Appraiser has no duty to deliver any report, draft, or conclusion for a cancelled assignment. Any fee paid in advance is applied first to the charge under this section, and the Appraiser refunds any excess within a reasonable time.
- Withdrawal by the Appraiser. The Appraiser may withdraw at any time if Client or anyone else interferes with the Appraiser's independence, asks for a predetermined result, denies or obstructs access, supplies unreliable information, creates a safety concern, or fails to pay, or if USPAP or the law requires. Client then owes the charge under item 2. If the Appraiser withdraws only because the Appraiser is unable to complete the work, for example because of illness, the Appraiser charges only for work completed and refunds the rest.
9. Testimony and added services
This agreement covers only the preparation and delivery of the appraisal report. It does not include, and the Appraiser has no obligation to provide, any of the following unless Client and the Appraiser first sign a separate written engagement (the "Testimony Engagement"): testimony of any kind, at trial, hearings, arbitration, mediation, appraisal district or review board proceedings, or depositions; preparing for, traveling to, or attending any of them; responding to subpoenas, discovery, or requests for the workfile; consultations or calls with attorneys, parties, or others after delivery; reviewing other appraisals, preparing rebuttals, or updating or supplementing the report; or serving as a designated or retained expert witness.
Compelled involvement and rates. If a subpoena, court order, or demand connected with the report reaches the Appraiser, whether or not Client requested it and even if it comes from another party, the Appraiser may respond as the law requires and Client pays for the Appraiser's time and expenses. Unless the Testimony Engagement states otherwise, the Appraiser charges $265 per hour for all time, including preparation, review, communications, travel portal to portal, waiting, and attendance, with a four-hour minimum for any day or part of a day, due in advance as a retainer. Client also reimburses mileage, parking, lodging, copying, court reporter, and similar costs; witness fees paid under the law do not reduce these amounts. If an appearance is cancelled or rescheduled with less than 72 hours' notice, the four-hour minimum is still due.
Independence, discretion, and workfile. Any testimony will be the Appraiser's own honest opinion, consistent with the report and USPAP. It is not advocacy, the Appraiser will not be scripted or directed to change the opinions in the report, and compensation never depends on what is said or on the result. The Appraiser may decline to testify or consult where there is a scheduling conflict, nonpayment, or a conflict with USPAP or the law. The Appraiser keeps the workfile for at least the period USPAP requires and releases it only with Client's written authorization, as the law requires, or as USPAP allows.
10. Confidentiality
As USPAP requires, the Appraiser will keep confidential, and will not disclose to anyone other than Client and the identified intended users: information Client identifies as confidential when providing it, if it is not available from any other source; information the law classifies as confidential; and the assignment results, meaning the report and its conclusions.
The Appraiser may disclose confidential information with Client's written consent; as required by law, subpoena, or court order; to a state appraiser regulatory body or a duly authorized peer review committee; to the Appraiser's attorneys, insurers, accountants, and assistants, who are bound to keep it confidential; as reasonably needed to bring or defend a claim or collection action connected with this engagement; and to the extent it is public record. The Appraiser may keep Client's contact and transaction details to administer the engagement, invoice, collect the fee, and maintain tax and legal records, and will not use Client's name or the property address in marketing without consent.
11. Limits on liability, remedies, and indemnity
NOTICE TO CLIENT: THIS SECTION LIMITS THE APPRAISER'S LIABILITY, INCLUDING LIABILITY FOR THE APPRAISER'S OWN NEGLIGENCE. READ IT CAREFULLY BEFORE SIGNING.
- An opinion, not a guarantee. The value is the Appraiser's opinion as of the date of value, based on the data, assumptions, and conditions stated in the report. It is not a measurement and not a guarantee of a sale price or of a decision by any lender, court, or taxing authority. Reasonable appraisers can reach different opinions; a different opinion, a later sale price, or a later appraisal is not proof of error.
- Cap on liability. To the fullest extent the law permits, the total liability of Country First Appraisal LLC and its members, managers, employees, agents, subcontractors, and insurers, and their heirs and successors (together, the "Appraiser Parties"), to Client and to anyone claiming through or for Client, for all claims, losses, and damages of every kind arising from or related to this engagement or the report, is limited to the fee Client actually paid for this assignment. That limit is the total for all claims together, not a limit per claim. It applies to every legal theory, in contract, tort, statute, or otherwise, including negligence, misrepresentation, breach of warranty, and strict liability, and whether or not the claim is based on the negligence of an Appraiser Party. It does not limit Client's duty to pay the fee or Client's responsibility under Section 7 and item 7 below.
- No consequential damages. The Appraiser Parties are not liable, under any theory, for lost profits, lost sales, lost opportunity, loss of use, loss or cost of financing, loss of a tax reduction or increased taxes, diminution in value, the outcome or cost of any lawsuit, settlement, or protest, attorney's fees paid to others, emotional distress, or any special, incidental, indirect, consequential, exemplary, or punitive damages, even if told of the possibility.
- Sole remedy, notice, and chance to correct. Client's sole and exclusive remedy for any claimed error is, at the Appraiser's election, for the Appraiser to correct the report or to refund all or part of the fee. This remedy stands even if it fails of its essential purpose. Client must give written notice describing any claimed error, with supporting information, within 30 days after delivery and before relying on the report further or giving it to anyone else, and the Appraiser then has at least 30 days to review and, if warranted, correct. A claim not noticed this way is waived to the extent timely notice and correction would have avoided the harm.
- Fair allocation of risk. Client acknowledges that the fee is small compared with the amounts that may depend on the report, that the Appraiser would not accept this assignment at this fee without these limits, that they are an essential part of the bargain, and that Client may protect itself in other ways, such as title insurance, inspections, home warranties, and Client's own insurance. If Client wants higher limits, Client may ask before accepting this agreement, and the Appraiser may offer them in writing for a higher fee.
- No liability for unauthorized reliance or property conditions. The Appraiser Parties have no liability to anyone who is not an identified intended user, or to anyone, including Client, who uses the report for any purpose other than the stated intended use or after a change in the property or market that makes the date of value outdated; nor for any condition, defect, or hazard described in Section 7, whether or not the report mentions it, or for anything outside the scope of this agreement. Claims may be brought only against Country First Appraisal LLC, and Client will not sue any member, manager, employee, or agent personally.
- Indemnity. Client will defend, indemnify, and hold the Appraiser Parties harmless from all claims, damages, costs, and expenses, including reasonable attorney's fees and expert costs, brought by anyone, that arise from (a) use or distribution of the report in breach of Section 5; (b) false, incomplete, or misleading information given by or for Client; (c) Client's breach of this agreement, including any request for a predetermined result; (d) use of the report for any purpose other than the stated intended use; (e) a claim by any co-owner, occupant, or other person concerning access to the property or the Appraiser's presence there at Client's request; or (f) injury, loss, or damage suffered by any Appraiser Party or its property at or because of the property, as described in Section 7. This indemnity does not apply to the extent a court finally determines the claim was caused by the Appraiser's gross negligence or willful misconduct.
- Time limit, no assignment, and survival. Any claim against an Appraiser Party must be filed in court within two years after the report is delivered or the engagement ends, whichever is earlier, whenever the claim is discovered; a claim not filed within that time is permanently barred. Client's claims may not be assigned, sold, or transferred. This section survives delivery, payment, cancellation, and the end of this agreement, and if a court finds any part of it unenforceable, that part is enforced to the greatest extent the law allows and the rest remains in effect.
12. General terms
- Entire agreement. This agreement, with the order form details it refers to, is the complete agreement for this assignment and replaces all earlier quotes, engagement letters, emails, and discussions. Client has not relied on any promise not written in it. Changes are valid only in writing accepted by both parties. If this agreement conflicts with the order form, this agreement controls, except for the fee, property, and dates entered there.
- Governing law, venue, and disputes. Texas law governs this agreement and every claim connected with it. Before filing suit (other than to collect the fee), the complaining party sends written notice and the parties try in good faith to resolve it and, if either asks, to mediate in Collin County, Texas, with the mediator's cost shared equally; this does not delay any limit in Section 11. Any suit must be brought in the state courts of Collin County, Texas, and Client consents to that jurisdiction and venue. In any proceeding connected with this agreement or the report, the prevailing party recovers its reasonable attorney's fees, expert fees, and costs.
- Jury waiver. TO THE FULLEST EXTENT THE LAW ALLOWS, CLIENT AND THE APPRAISER EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE CONNECTED WITH THIS AGREEMENT OR THE REPORT.
- Severability and interpretation. If a court finds any part of this agreement unenforceable, that part is enforced to the greatest extent the law allows, or reformed to do so, and the rest remains in effect. Headings are for convenience, "including" means "including without limitation," and this agreement is not construed against either party because of who prepared it.
- Relationship, assistants, assignment, and delays. The Appraiser is an independent contractor and is not Client's employee, agent, partner, fiduciary, or advocate. The Appraiser may use qualified assistants and subcontractors under the Appraiser's supervision, with USPAP disclosures in the report where required. Client may not assign this agreement; the Appraiser may assign it to a successor to the business. The Appraiser is not liable for delay caused by events outside the Appraiser's reasonable control, and delivery dates move accordingly while the fee remains owed for work done. A right not enforced or waived once is not waived later.
- Client's representations. Client confirms that Client is at least 18, has authority to sign and to order this appraisal, has given accurate information on the order form, and will update it promptly if anything changes. If Client signs for a company, trust, or estate, the person signing confirms authority to bind it and is personally responsible for the fee if that authority is lacking.
- Notices, electronic signature, and records. Notices to the Appraiser go in writing to info@countryfirstappraisal.com or to Country First Appraisal LLC, 4261 E University Dr #30-223, Prosper, TX 75078; notices to Client go to the email and mailing address on the order form. Client consents to receive notices, invoices, and the report electronically, and to calls and texts about the engagement at the number provided. A typed name entered with the acceptance box is Client's legal signature and has the same effect as a handwritten one; the Appraiser may keep the time, date, and version as proof, and an electronic copy is an original.
- Survival and offer expiration. Sections 3 through 12 survive delivery of the report, payment, cancellation, and the end of this agreement. This offer expires if Client does not accept it within five days after the order date, and the fee and terms may be requoted.
Documents to send
Send these to info@countryfirstappraisal.com before the inspection, if you have them:
- Purchase contract, if the appraisal supports a sale
- Recent survey or plat, and any floor plans
- Prior appraisals or inspection reports on the property
- Recent improvement or repair records
- Lease and rent roll, for income property
- Court order or attorney contact, for litigation or divorce matters
- Tax notice, for property tax protests
How you sign
You accept this agreement on the order page. At the end of the order form you type your full legal name, check the box confirming you have read and agree, and submit your order. We record your typed name, the date and time, and the version of this agreement shown above. Under Texas law a typed signature entered this way has the same effect as a handwritten one.
We email you a copy of this agreement with your invoice. Your appointment is confirmed once the agreement is signed and payment is received.

