the agreement outlining the scope, limits, exclusions & conditions of a property inspection
The Inspector agrees to conduct an inspection for the purpose of informing the client of major deficiencies in the condition of the subject property. THE WRITTEN REPORT IS THE PROPERTY OF THE INSPECTOR AND THE CLIENT AND SHALL NOT BE USED BY OR TRANSFERRED TO ANY OTHER PERSON OR COMPANY WITHOUT BOTH THE INSPECTOR’S AND THE CLIENTS WRITTEN CONSENT.
1) This inspection of the subject property shall be performed by the Inspector for the Client in accordance with the Standards of Practice of the NACHI, National Association of Certified Home Inspectors.
2) The purpose of this inspection is to identify and disclose visually observable major deficiencies of the inspected systems and items at the time of the inspection only. Detached buildings are not included.
3) This inspection is not intended to be technically exhaustive nor is it considered to be a GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS AND SYSTEMS INSPECTED AND IT SHOULD NOT BE RELIED ON AS SUCH. The Inspector shall not be held responsible or liable for any repairs or replacements with regard to this property, systems, components, or the contents therein. Company is neither a guarantor or insurer.
4) THE INSPECTION AND REPORT DO NOT ADDRESS AND ARE NOT INTENDED TO ADDRESS CODE AND REGULATION COMPLIANCE, THE POSSIBLE PRESENCE OF OR DANGER FROM ASBESTOS, RADON GAS, LEAD PAINT, UREA FORMALDEHYDE, SOIL CONTAMINATION, MOLD AND OTHER INDOOR AND OUTDOOR SUBSTANCES. THE CLIENT IS URGED TO CONTACT A COMPETENT SPECIALIST IF INFORMATION, IDENTIFICATION, OR TESTING OF THE ABOVE IS DESIRED.
5) Any matter concerning the interpretation of this Agreement, of the Inspection Report, or any claim based upon either of them shall be subject to mediation between the parties or failing such mediation shall be resolved by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, except for the rules pertaining to the arbitrator selection. The three (3) arbitrators should have knowledge of the home inspection industry and one arbitrator must be a Home Inspector with at least five (5) years of Home Inspection experience.
6) The inspection service is conducted at the property. The physical on-site inspection of the property is a very valuable time of exchange of information between the Inspector and the Client. Any particular concern of the Client must be brought to the attention of the Inspector before the inspection begins. The written report will not substitute for Client's personal presence during the inspection. It is virtually impossible to fully profile any building with any reporting system. Unless Client attends and participates in the inspection process itself, the Client will have no chance of gaining all of the information that is offered.
7) Severability. The Client and the Inspector agree that should a court of competent Jurisdiction determine that any portion of this agreement is unenforceable, the remaining provisions and portions of this agreement shall remain in full force and effect.
8) Notification. The Client must commence any action for damages arising out of or related to this Agreement or the Inspection Report within one year of delivery of the Home Inspection Report to the client or the named representative.
9) Agreement Available. I acknowledge that I and/or my attorney have had ample time and opportunity to review this agreement prior to signing.
10) Attorneys Fees: If the client makes a claim against the inspector for any alleged error, omission or other act arising out of this work and fail to prove such claim, Client will pay all attorneys fees, arbitrators’ fees, legal expenses and costs incurred by inspector in defense of the claim.
The undersigned have read, understood and accepted the terms and conditions of this agreement and agree to pay the charges specified below:
Client agrees to pay a fee in accordance with the fee schedule plus any additional fees not included in the base fee and any applicable taxes at or before the time of inspection.