Real Estate Appraisal Forum

appraisersforum.com logo
The Premiere Online Community for Real Estate Appraisers!
 Fastest Way to Find a Real Estate Appraiser Enter Zip Code:
 
 
Go Back   Appraisers Forum > Real Estate Appraisal Forums > General Appraisal Discussion
Register Help Our Rules Calendar Archives Mark Forums Read


Closed Thread
 
Thread Tools
  #1  
Old 06-26-2011, 01:44 PM
stangtime's Avatar
stangtime stangtime is offline
 
Join Date: Jul 2009
Location: Lusby
State: Maryland
Professional Status: Certified Residential Appraiser
Posts: 2,070
Default Contractually bound?

Hello friends. I have been working on some reports for an attorney.

Before I started on these reports I sent a letter outlining my time schedule and fee.

A month later I got a letter from the lawyer saying to go do the reports. He sent me a 50% deposit.

Matters outside of my full control have come up in the month between when I sent the letter with my terms and the attorney's letter to go ahead.

At the present time, based on family matters, other client relationships, and summer scheduling, I will clearly not be able to meet the deadlines in the agreement letter.

Can I return the attorney's 50% deposit and walk away? I have submitted no reports to him at this time, although I have been trying to work on the reports in the meantime - very unsuccessfully. I have inspected the properties. Am I contractually bound at this point?

At this point I will sacrifice the two or three full days I've spent on this and return his full 50% deposit. When I sent my letter of delivery time and fee I had the time. A month later when he told me to go ahead, I did not.

Thank you for any thoughts.
Dan
__________________
Always remember, everything is temporary. The bad, and the good.
Sponsored Links

  #2  
Old 06-26-2011, 02:35 PM
TEL2002's Avatar
TEL2002 TEL2002 is online now
 
Join Date: Jan 2002
Location: Louisiana
State: Louisiana
Professional Status: Retired Appraiser
Posts: 8,177
Default

Perhaps a nice letter explaining that during the 30 day wait period, other things arose that made meeting the original deadline impossible. You could complete the reports by xxxxxxx. If this is not workable for the attorney you would understand and will gladly refund the entire deposit.

Let the client decide.
  #3  
Old 06-26-2011, 02:41 PM
stangtime's Avatar
stangtime stangtime is offline
 
Join Date: Jul 2009
Location: Lusby
State: Maryland
Professional Status: Certified Residential Appraiser
Posts: 2,070
Default

Quote:
Originally Posted by TEL2002 View Post
Perhaps a nice letter explaining that during the 30 day wait period, other things arose that made meeting the original deadline impossible. You could complete the reports by xxxxxxx. If this is not workable for the attorney you would understand and will gladly refund the entire deposit.

Let the client decide.
Good suggestion.

Dan
__________________
Always remember, everything is temporary. The bad, and the good.
  #4  
Old 06-26-2011, 03:26 PM
JamesRockford JamesRockford is offline
 
Join Date: Oct 2010
Location: Paradise Cove, Malibu, CA
State: California
Professional Status: Certified General Appraiser
Posts: 1,119
Default

Just pick up the phone and call him and explain your situation.
  #5  
Old 06-26-2011, 06:35 PM
Mike Garrett, RAA's Avatar
Mike Garrett, RAA Mike Garrett, RAA is offline
 
Join Date: Jan 2002
Location: Colorado Springs, CO
State: Colorado
Professional Status: Certified Residential Appraiser
Posts: 20,915
Default

First see if an extension of time is the solution, if so...complete the assignments. If not, offer to refund the deposit and ask if you could bill for the time already spent on the assignments.

Don't wait, call tomorrow.
__________________
A Former AQB Certified USPAP Instructor
  #6  
Old 06-26-2011, 06:48 PM
JamesRockford JamesRockford is offline
 
Join Date: Oct 2010
Location: Paradise Cove, Malibu, CA
State: California
Professional Status: Certified General Appraiser
Posts: 1,119
Default

Quote:
Originally Posted by Mike Garrett, RAA View Post
Ask if you could bill for the time already spent on the assignments.
...........

Last edited by JamesRockford : 06-26-2011 at 07:05 PM.
  #7  
Old 06-26-2011, 09:25 PM
Lee in L.A.'s Avatar
Lee in L.A. Lee in L.A. is offline
 
Join Date: Jan 2002
Location: Los Angeles / Reseda, CA
State: California
Professional Status: Certified Residential Appraiser
Posts: 8,120
Default

Make the call and see where you go from there. If they farted around for a month already, a later time to finish the jobs may not be an issue. Does anything happen fast in court? "Legal action" seems a bit of an oxymoron at times.
__________________
Reach out your hand, if your cup is empty.
if your cup is full, may it be again.
  #8  
Old 06-27-2011, 12:14 PM
CANative's Avatar
CANative CANative is offline
 
Join Date: Jun 2003
Location: Hopland, CA
State: California
Professional Status: Certified Residential Appraiser
Posts: 46,610
Default

Quote:
Originally Posted by Lee in L.A. View Post
Make the call and see where you go from there. If they farted around for a month already, a later time to finish the jobs may not be an issue. Does anything happen fast in court? "Legal action" seems a bit of an oxymoron at times.
Agree with Lee. Make the call. It's likely they'll give you more time if you need it. If they can't they'll appreciate the heads up and appreciate your offer of returning the deposit. They may even offer to let you keep all or some of it. It's not as if it's their money.

Law firms don't think the same way lenders and AMCs think. They'd rather work with you than change horses in mid-stream.
__________________
“The peasants are revolting? Why yes, they are quite revolting.” ~ Oscar Wilde
  #9  
Old 06-27-2011, 12:21 PM
JTip's Avatar
JTip JTip is offline
 
Join Date: Oct 2004
Location: Central PA-Altoona-State College
State: Pennsylvania
Professional Status: Certified Residential Appraiser
Posts: 3,949
Default

We are all human and shuff happens.

A truthful conversation will benefit you in the long run (sounds like a fortune cookie).

An attorney is a great client to have, best not to burn that bridge.
__________________
I are serious appraiser, this is serious thread.
  #10  
Old 06-27-2011, 12:34 PM
stangtime's Avatar
stangtime stangtime is offline
 
Join Date: Jul 2009
Location: Lusby
State: Maryland
Professional Status: Certified Residential Appraiser
Posts: 2,070
Default

Thanks everyone I do appreciate the suggestions. This lawyer is a very busy guy. I wrote a friendly email explaining my current status and sent that to him first thing this morning. It is really up to him now. I have a CG friend that has some time right now who would probably accept the job if offered. I mentioned that in the letter as well.

Thank you all again.

Dan
__________________
Always remember, everything is temporary. The bad, and the good.
Sponsored Links

Closed Thread


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump




Copyright © 2000-, AppraisersForum.com, All Rights Reserved
     Terms of Use  Privacy Policy
AppraisersForum.com is proudly hosted by the folks at AppraiserSites.com

Fastest Way to Find a Real Estate Appraiser Enter Zip Code:
Partner Sites:
AppraiserUSA.com - National Appraiser Directory AllDomainsUSA.com - Domain Name Registration
DeadbeatListings.com - Deadbeat ListingsAppraiserSites.com - Web Hosting for the Professional Real Estate Appraiser
Find FHA Appraisers - FHA Appraiser Search Commercial Appraisers - Commercial Appraiser Search
Relocation Appraisal - Find Relocation Appraisers Domain Reseller - Business Opportunity
Home Security Buzz - Home Security Info Radon Testing - Radon Gas Info
My Medicare Forum - Medicare Info Stop Smoking Help - Help Quitting Smoking
CordlessPhoneStore.com - Great Cordless Phones AndroidTabletCity.com - Android Tablet Computers

Follow AppraisersForum.com:          Find us on Facebook            Follow us on Twitter


All times are GMT -5. The time now is 10:57 PM.

SiteMap: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93