Vendor agreements with "hold harmless"

[TJSum]

I just downloaded an updated verison of Clickforms (6.1). A hold harmless agreement popped up while downloading from the AI. I never seen this before on a routine update of the software. I tired to print it out, no go, then I tried saving it somehow, no go on that either. It had to be agreed to, or the AI Ready converter would not download along with the rest of the software package. Very nice that it could not be saved or printed. I took the time to write it down on paper, here goes it....

"I agree that the Appraisal Institute is not responsible for the data, analysis or work product I will be providing to my client in this AI Reports Residential Appraisal Report Form. I further agree to indemnify, defend and hold harmless the Appraisal Institute from and against any and all third party claims or liabilities for any third party claim brought against the Appraisal Institute arising from or related to my acts or omissions as related to the appraisal report."

The AI sure seems nervous these days regarding their conversion program...

 

[Couch Potato]

I just downloaded an updated verison of Clickforms (6.1). A hold harmless agreement popped up while downloading from the AI. I never seen this before on a routine update of the software. I tired to print it out, no go, then I tried saving it somehow, no go on that either. It had to be agreed to, or the AI Ready converter would not download along with the rest of the software package. Very nice that it could not be saved or printed. I took the time to write it down on paper, here goes it....

"I agree that the Appraisal Institute is not responsible for the data, analysis or work product I will be providing to my client in this AI Reports Residential Appraisal Report Form. I further agree to indemnify, defend and hold harmless the Appraisal Institute from and against any and all third party claims or liabilities for any third party claim brought against the Appraisal Institute arising from or related to my acts or omissions as related to the appraisal report."

The AI sure seems nervous these days regarding their conversion program...

Duh. That is the license to use their general purpose forms. It has been there for years. The meaning of the agreement is the Appraisal Institute is not responsible for the crap you put in the form they designed.

It is totally unrelated to Appraisal Port, but hey, why let the facts get in the way of a good lynching. :new_all_coholic:

 

[Workbox]

They are just reminding you that you are screwed.

 

[Jonsey]

They are just reminding you that you are screwed.

Right?

 

[Bearslide]

Duh. That is the license to use their general purpose forms. It has been there for years. The meaning of the agreement is the Appraisal Institute is not responsible for the crap you put in the form they designed.

It is totally unrelated to Appraisal Port, but hey, why let the facts get in the way of a good lynching. :new_all_coholic:

Well, I'm all for lynching......but you're correct, Couch. (Did I just say that? OMG.......I agree with Couch!) :icon_mrgreen: It does just relate to their forms. Everyone is just a little jumpy waiting to see what dastardly piece of information is going to come out next........and it has been flowing in all day.............

TJ........don't for a minute think that anyone is saying you put "crap" in your reports....but it WAS funny!

 

[TJSum]

Well, I'm all for lynching......but you're correct, Couch. (Did I just say that? I agree with Couch!) :icon_mrgreen: It does just relate to their forms. Everyone is just a little jumpy waiting to see what dastardly piece of information is going to come out next........and it has been flowing in all day.............

TJ........don't for a minute think that anyone is saying you put "crap" in your reports....but it WAS funny!

My bad, I stand corrected, I never used that form, so I thought it applied to the other AI glorious product. And I have had loan officers accuse my reports of smelling like crap because I didn't hit the number...

 

[McPheeters]

Well, I'm all for lynching......but you're correct, Couch. (Did I just say that? OMG.......I agree with Couch!) :icon_mrgreen: It does just relate to their forms. Everyone is just a little jumpy waiting to see what dastardly piece of information is going to come out next........and it has been flowing in all day.............

TJ........don't for a minute think that anyone is saying you put "crap" in your reports....but it WAS funny!

From your post #159: Bend over.......that's where it will kick in...............:icon_mrgreen:......now THAT was funny!!!

 

[PropertyEconomics]

I have been in contact with the Aappraisal Foundation and Landsafe regarding this issue. Per the Appraisal Foundation, the appraiser's liability ends once the report is transmitted. Anything that happens to it after that is no longer my problem.

I have also queried Landsafe as they are the only one I have that may use AP one day. They would not say anything other than they were studying the issue. I asked specifically about AP altering reports after delivery.

I suppose there is a hypothetical situation. AP alters a report and the value changes from $250,000 to $350,000. The borrower defaults and a forensic appraisal determines that $250,000 was a good value. The borrower comes after me for over-valuing his property when in reality, my value was correct. Now where does the hold harmless kick in?

Lobo .. the part you missed was that when you prepare a report AI ready, the conversion is done on YOUR MACHINE .... so its done prior to transmittal. So .... now where does that leave you???

 

[Bearslide]

Lobo .. the part you missed was that when you prepare a report AI ready, the conversion is done on YOUR MACHINE .... so its done prior to transmittal. So .... now where does that leave you???

Ah, but therein lies the rub. As with so many things promulgated by the port and friends, there appear to be some half-truths on this issue. I am NOT a techie type and readily admit it. I do NOT use AIReady, nor will I. I tried it once, saw what was happening, paid attention to the alamode warning and said "nuh-huh". HOWEVER......other folks far more qualified than myself are digging deep - and what they are coming up with is not quite what we have been told. I will leave it to them to enlighten us once all the facts are in. But I ask you this......do you need to be connected to the internet to write a report on YOUR software? (I know when you go to get maps, yes - but actually writing it). Do you need to be on the internet to retrieve one of your reports? Do you need to be on the internet to make a pdf? The PDF printer resides on YOUR machine. Your appraisal software resides on YOUR machine. Where does the AIReady conversion software reside? Can you do a conversion without being connected? Go to YOUR software provider and start asking some hard questions.

However, Lobo - either way.......that agreement leaves anyone foolish enough to sign it wide open for the acts and defense of those acts of everyone else.

 

[PropertyEconomics]

Ah, but therein lies the rub. As with so many things promulgated by the port and friends, there appear to be some half-truths on this issue. I am NOT a techie type and readily admit it. I do NOT use AIReady, nor will I. I tried it once, saw what was happening, paid attention to the alamode warning and said "nuh-huh". HOWEVER......other folks far more qualified than myself are digging deep - and what they are coming up with is not quite what we have been told. I will leave it to them to enlighten us once all the facts are in. But I ask you this......do you need to be connected to the internet to write a report on YOUR software? (I know when you go to get maps, yes - but actually writing it). Do you need to be on the internet to retrieve one of your reports? Do you need to be on the internet to make a pdf? The PDF printer resides on YOUR machine. Your appraisal software resides on YOUR machine. Where does the AIReady conversion software reside? Can you do a conversion without being connected? Go to YOUR software provider and start asking some hard questions.

However, Lobo - either way.......that agreement leaves anyone foolish enough to sign it wide open for the acts and defense of those acts of everyone else.

Dont know and dont care ... you have to push the button to create the AI file ... therefore its an action you did. If AI converts the data into another form at the request of your finger push .. you are responsible for the report in my opinion.