Fill and Sign the Home Inspector Form

Agreement with Home Inspector Agreement made on the ___ day of __________, 20___, between _____________ of _____________________________________ (street address, city, county, state, zip code) , referred to herein as Client, and ________________ , Inc., a corporation organized and existing under the laws of the State of ______________, with its principal office located at _____________________________ (street address, city, county, state, zip code) , referred to herein as Inspector. Whereas, Inspector is a licensed (or certified) home inspector in the State of ___________________________________ (e.g., state where property located); and Whereas Client desires to hire and retain Inspector to inspect Client’s house located at _______________________________________ (street address, city, county, state, zip code), hereinafter called House; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Said inspection shall be a general, visual inspection of House and its appurtenances, and will cover inspection of the major systems of the house such as: structural, plumbing, electric, heating and cooling, general interior, insulation, ventilation, siding, windows, doors, roofs and attached any attached garages. A wood destroying organism report (sometimes called a pest and dry rot) shall not be included, nor will any inspection be made of septic systems, wells, underground piping, swimming pools and other items that are not considered part of the main structure of House. II. The resulting inspection report (Report) from Inspector to Client shall be an educated opinion, and not a guarantee or any sort of warranty from Inspector to Client or any assignee or other third party who may rely on Report. Report does not guarantee that House is sound or that Client or his successors in title will never encounter any problems with House in the future. Some deficiencies can only be found by tearing apart the structure, which Inspector shall not do. Inspector shall not move furniture, rugs or other obstacles or inspect areas which are inaccessible ( e.g., wall interiors, wet crawl spaces, steep or wet roofs, etc.). III. Inspector shall perform a visual inspection of the House and provide Client with a written inspection report (Report) identifying the defects that Inspector both observed and deemed material. Inspector may offer other comments as a courtesy, but these comments will not comprise the Report. IV. Unless otherwise inconsistent with this Agreement or not possible, Inspector agrees to perform the inspection in accordance to the current Standards of Practice of the National Association of Certified Home Inspectors. Client understands that these standards contain certain limitations, exceptions, and exclusions. Unless otherwise indicated below, Client understands that Inspector shall not be testing for the presence of Radon, a colorless, odorless, radioactive gas that may be harmful to humans. V. The inspection and the resulting Report is being performed and prepared for the use of Client , who hereby gives Inspector permission to discuss observations with real estate agents, purchasers, repairmen, and other interested parties. Inspector accepts no responsibility for use or misinterpretation by third parties. Inspector ’s inspection of House and the accompanying Report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the House or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly disclaimed and excluded by this Agreement to the fullest extent allowed by the law of (Name of State). If any structure or portion of any structure that is to be inspected pursuant to this Agreement, is a log home, log structure or similar log construction, Client understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection. VI. Also excluded from inspection and Report is any inspection of any systems or items not specifically included in the Report including but not limited to the following: any information pertaining to any manufacturer’s recall of any components, fences, detached buildings or equipment, the presence of insects or other pests, low voltage systems, furnace heat exchangers, fireplace inserts, swimming pools, saunas, spas, whirlpool and hot tub systems, septic systems and cisterns, ponds, fountains, private underground, water volume and quality, passive and active solar systems, lightning arrest systems, fire sprinkler systems, irrigation or water conditioning systems, any component or system which is underground, audio, video and security systems and any inspection or testing of soils for any toxic or dangerous substances including asbestos and lead or gasses including formaldehyde, other than gasses typically used as fuel in home heating systems, molds or other environmental hazards. VII. Client understands and agrees that Inspector assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. Client acknowledges that the liability of Inspector , its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the Inspector ’s negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the Inspector, and this liability shall be exclusive. Client waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the House even if Client has not been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk between Client and Inspector ; and (iii) to enable Inspector to perform the inspection at the stated fee. VII. Inspector does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the Inspector holds a valid occupational license, in which case Inspector may inform Client that Inspector is so licensed. VIII. In the event of a claim against Inspector , Client agrees to supply Inspector with the following: (1) written notification of adverse conditions within 14 days of discovery, and (2) access to the premises. Failure to comply with the above conditions will release Inspector and its agents from any and all obligations and from any liability which might otherwise attach. IX. Upon delivery of Report, Client shall pay I nspector the sum of $_____________ as the fee for said inspection and Report. X. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of Inspector or its agents shall be binding unless reduced to writing and signed by Inspector . No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. Client shall have no cause of action against Inspector one year from the date of the inspection. XI. Notwithstanding the foregoing, and anything herein to the contrary notwithstanding, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. WITNESS our signatures as of the day and date first above stated. _______ _________________, INC. ________________________ By__________________________ Client (Name and Office in Corporation)