Terms and Conditions
Appraisal Terms and Conditions
All reports are offered on an as-is basis only. All Included inspections must be conducted at our physical office. No Inspections will be conducted elsewhere unless a written agreement has been initiated stating where and when, and will be subject to an additional fee. Any information provided over the phone, by email, mail, in reports, appraisals, estimates or any other type of documentation is not and should not be considered in any way to be legal advice, or an offer to provide legal advice. The information contained in any provided documentation, reports and/or appraisals are based solely on our professional automotive opinion from years of training and actual experience.
All First party claims will be decided at our discretion independently from the primary claim parties (your insurance company and/or you can have no influence on the decision). No refunds are allowed on First party claims whether for a total loss fair market valuation, or a loss of value (diminished value) valuation. All inspections are to be performed at the assigned location on the invoice unless specifically outlined in an invoice stating a different location. If your appraisal includes a physical inspection, by purchasing the appraisal, you agree to make an appointment with our office and having your vehicle available at the above address at a specific time, Monday thru Friday, 9am to 5pm at the appraiser’s request. The inspection is to determine condition for the appraisal only, any additional opinions, information, improper repairs, and/or any other information as to the repairs made to the vehicle are considered confidential and you agree to not reference the appraiser in any way when speaking to a body shop or insurance company. Any additional information supplied by the appraiser to you is a personal opinion only.
All Fair Market Values are sold as-is and are not subject to any type of refund, even if the settlement is determined less than a previous offer. In 1st party claims, no appraisal will be provided as there are times we are able to settle without the appraisal being completed.
Free estimates are just that, free and an estimation of your loss of value. This is not an appraisal and should not be used as such. An appraiser will review the information you submit and will provide an estimate based only on the information you have submitted. This is not a credible valuation and you do not have permission to share this estimate with anyone. You understand we are appraisers only and do not employ any attorneys or provide any legal advice.
There is no warranty expressed or implied for any information and/or material contained within this website. By accessing this site and/or purchasing a report, you agree to hold harmless, DiminishedValueofOregon.com and/or their associates, appraisers or owners for any damages arising from using the information on this site including direct, indirect, incidental, punitive and/or consequential damages. The reports offered for purchase are offered on an AS IS basis only. The information on this website should be used for educational purposes only. No information on this website should be considered legal or tax advice. By accessing this site, you also agree that the laws of Washington County, Oregon, will govern all transactions, and Washington County, Oregon is the only location in which any action may be brought.
All conclusions of value are based on the fact that the titled owner of the property has full and complete control over the use and sale of the vehicle and such value has been assessed as free and clear of encumbrances. DiminishedValue.net and Ken Nix has made every effort that the information on this website is as accurate as possible however, we assume no responsibility for any omissions and/or errors in this site or in our reports. If you require legal services please contact a local attorney in your area. All rights reserved.
In some instances, we may suggest escalating your claim to an attorney or providing the name of an attorney who may be willing to provide additional assistance with your claim. It is your responsibility to contact the attorney. All negotiations and/or dealings with the attorney are between you and the attorney, we have no influence nor ability to view the progress once an attorney is involved. We never collect any type of commissions and/or referral fees from any attorney, law firm or legal representation and provide this information on an as-is basis for your convenience only. Your acceptance of using any referred attorney, is by your own free will only and you agree to hold diminishedvalueoforegon.com and any of its associates harmless.
Reports and Appraisals
1. The methods and calculations used in these reports are the unbiased opinion of a professional OregonState Certified Appraiser.
2. All statements in any report are considered true and correct.
3. This report is provided at the request of an individual of their own free will and was not solicited for any predetermined reason.
4. The analysis, opinions, and conclusions are developed based on the automotive experience of assigned appraiser.
5. We have NOT made a personal inspection of the vehicle, which is the subject of any report unless a physical inspection is noted and described in the report. According to USPAP ADVISORY OPINION 2 (AO-2), It is the appraiser who is to determine the appropriate degree of inspection necessary to produce credible assignment results. This includes use of interviews, photos, video, or other evidence we may use to determine condition.
6. The fees for any report or appraisal is not contingent upon any value reflected in the report and is charged solely for the purpose of compensating the appraiser and their associates for their time, energy, costs and expenses associated with providing a report.
7. DiminishedValueofOregon.com nor any of its associates have any financial interest in the property which is the subject of an evaluation.
8. DiminishedValueofOregon.com assumes no liability for latent or manufacturing defects which may affect the value of the vehicle.
9. DiminishedValueofOregon.com reserves the right to recall any report and amend it if there is any accidental error or omission.
10. Total Loss and 1st party Claims will be decided between appraisers and clients may not be notified before our arriving at an agreement with the other appraiser.
11. All final numbers in supplied reports may be rounded to the nearest dollar amount.
12. Liability of any purchased report is limited to the actual price paid for the report.
There is no guarantee of a specific outcome made by DiminishedValueofOregon.com or its associates to our clients at any time. In order to keep the integrity of the report intact, once the report is ordered/purchased no refunds will be made under any circumstance with the only exception, being if you qualify for our money back guarantee. This includes: accidental purchases, buyer remorse, appraisals not completed due to you not supplying all necessary documentation and/or time it may take to complete an appraisal, and/or appraisals not completed due to you not invoking your appraisal clause in a first party claim.
Money Back Guarantee (applies to diminished value appraisals only)
These Terms and Conditions must apply to you and/or your vehicle in order to qualify for the Money Back Guarantee.
- You Must not have signed a release of liability prior to submitting your appraisal and/or demand to the insurance company.
- Your vehicle must be Five years old or newer.
- Your vehicle’s Pre-loss condition must be at least Clean as defined by Blackbook. (Clean – Very little interior or exterior wear. The vehicle is 100% mechanically sound. Any paint repair is almost unnoticeable. The vehicle should be accompanied by a clean history report. All tires should fully match and have good to excellent tread.)
- Your Vehicle must have less than 100,000 miles.
- Your vehicle must not have any prior accident history whether published in a vehicle history report or not.
- The final Settlement must be less than the amount you paid for the appraisal or report.
- The money back guarantee is strictly limited to the amount you paid for the appraisal report only. There are no guarantees as to any other settlement amount including any estimates or guesstimates as to the recovery of any award, an associate or appraiser may make.
- You were not determined to be at-fault in any way in the accident or collision.
- If the insurance company has offered or paid for any appraisal or report reimbursement costs, you do not qualify.
- Leased vehicles do not qualify for the Money Back Guarantee. You must own your vehicle and be the titled owner to qualify.
- The guarantee only applies to 3rd party claims, and does not apply to any 1st party claims.
- In order to qualify, you must provide proof that you followed our recommendation and instructions.
- If we recommend to you to file a lawsuit against the insurance company or the at-fault driver and you do not do so, you do not qualify.
- All claim settlements and/or non-settlements must be verified before we will accept your money back guarantee claim. This may include copies of emails, insurance settlement checks or electronic deposits, all correspondence with the insurance company, denial letters and well as proof of filing a lawsuit and proof of the verdict being less than the cost of the appraisal.
- Desk Appraisals do not qualify for the money back guarantee, only appraisals with physical inspections.
- Fair Market Value and/or Total Loss Appraisals may not be made available to the purchaser in 1st party claims and may only be used by the appraiser if the appraiser is also negotiating the amount with another entity on your behalf.
- The appraisal is based on the information you supply. If you supply incorrect information, you do not qualify for the money back guarantee even if no appraisal is produced. (we can not produce an appraisal based on fraudulent information). If we produce the appraisal and it is determined you supplied incorrect information, an additional charge may apply for the revision.
- You must have provided all required documentation, including final estimates with summary, etc.
If you meet the above criteria and requirements and would like to file a claim, please contact us at: firstname.lastname@example.org
All reports/appraisals must be paid for before work is started to ensure integrity of the report.
Payments that are reversed without permission will be treated as theft and reported to the authorities, this also may be considered insurance fraud and reported to the insurance company, attorney general, insurance commissioner, and/or proper authorities. This is a common fraud whereas a claimant will shop the value to find a higher value.
Inspection Charges. If we send a representative to inspect your vehicle due to you requesting an appraisal before payment is received, there will be a minimum $250.00 fee charged to you. If the inspector inspects the vehicle with you present, and you do not move forward with an appraisal, you will be charged a minimum charge of $250.00 for the inspection. Additional travel time will be billed at $0.95 per mile.
MISCELLANEOUS; APPLICABLE LAW AND VENUE
Ken Nix, Loss Values, DiminishedValueofOregon.com nor any of its associates, owners or appraisers do not offer legal or tax advice. The information presented at this site should not in any way be construed to be legal advice. If you are in need of legal advice, you should seek the help of a qualified attorney in your city and state. Laws vary by state and you are urged to research the specific laws and your rights within your state. Ken Nix, Loss Values, DiminishedValueofOregon.com or any of it’s associates, owners or appraisers shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Oregon without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Oregon law, rules, and regulations, Oregon law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Washington County in the State of Oregon. Any notices to Ken Nix, DiminishedValue.net, DiminishedValueofOregon.com any of it’s associates, owners or appraisers must be sent to:
Attention: Ken Nix
4264 SW Plumeria Way
Beaverton, Oregon 97007