Terms of Engagement
Terms of Engagement – SMSF Property Valuations
1. Acceptance of Terms
By engaging SMSF Property Valuations and utilising our services, you confirm that you have read, understood, and agreed to these Terms of Engagement.
If you do not accept these terms, either in part or full, you must notify us immediately and refrain from using our services.
2. Purpose of Valuation
The valuation report is prepared exclusively for the purpose outlined in your formal instructions.
It is not valid for mortgage or lending purposes, and we accept no liability if it is used for unintended applications.
3. Validity Period
Our valuation is effective as of the date stated in the report and remains valid for three (3) months.
We make no forecasts or assurances regarding future market performance.
4. Confidentiality & Usage
This report is confidential and intended solely for the client who engaged our services.
It must not be shared, published, or relied upon by third parties without our prior written approval.
5. Reliance & Interpretation
The full valuation report—including appendices and disclaimers—must be read in its entirety.
We are not responsible for misinterpretations or selective use of its contents by unauthorised parties.
6. Market Conditions Disclaimer
Property values are influenced by market shifts and localised factors.
We are not liable for any change in value after the date of inspection or report issuance.
7. Conflict of Interest
To the best of our knowledge, no conflicts of interest exist with respect to the subject property or parties involved in this engagement.
8. Indemnity
The instructing client and any authorised user of the report agree to jointly indemnify SMSF Property Valuations, its employees, directors, and contractors from all claims or legal actions resulting from the use or reliance on the valuation.
9. Limitation of Liability
Our maximum liability is limited to the amount paid for the valuation service.
We are not liable for indirect, consequential, or financial loss unless caused by proven fraud or willful misconduct.
10. Client Disclosure
You are responsible for providing accurate and complete information relevant to the valuation.
We rely on this data in good faith and are not accountable for errors due to withheld or incorrect details.
11. Limited Liability Scheme
Our services are provided under a limited liability scheme approved by Professional Standards Legislation.
12. Amendments to Terms
These terms may be updated without prior notice.
Where practical, material changes will be communicated in writing or published on our website.
13. Governing Law
These terms are governed by the laws of New South Wales, Australia.
Any disputes will be settled under the exclusive jurisdiction of NSW courts.
14. Future Value Statements
Any references to projected values or market trends are estimates only and should not be interpreted as guarantees.
15. Turnaround & Delivery
- Typical turnaround time: 2 to 10 business days, depending on property type and access.
- Reports are delivered in PDF format via email.
- Printed hardcopies are available at $250 + GST, with additional copies at $50 + GST.
16. Cancellation Policy
- 50% of the fee applies if cancelled after formal engagement confirmation.
- 100% of the fee applies if cancelled after inspection.
- No partial or draft reports are issued for cancelled services.
17. Legal Appearances
For appearances at court, tribunal, or mediation:
- Charged at $550/hour (incl. GST)
- Minimum 4 hours/day applies
18. Additional Services
Additional services such as supplementary documents or participation in phone consultations are billed at $550/hour (incl. GST).
19. Payment Terms
- Full prepayment is required before any inspection is scheduled.
- Invoices are issued upon receipt of a formal valuation request.
20. Overdue Payments
- Interest of 30% per month applies on overdue invoices.
- The client is responsible for all recovery, legal, and enforcement costs.
21. Valuer Interest Declaration
SMSF Property Valuations and its representatives declare no financial or personal interest in the subject property.
22. Copyright & Intellectual Property
All valuation reports remain the intellectual property of SMSF Property Valuations.
Any unauthorised reproduction, distribution, or public disclosure is strictly prohibited.
23. Valuation Basis
Our reports are based on one of the following:
- “As Is” Market Value
- “As If Complete” Hypothetical Market Value, based on supplied plans or specifications
24. 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 each 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 appropriate terms, with proper marketing, and 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)
