Real Estate Investigation

REAL ESTATE INVESTIGATION AGREEMENT

This Real Estate Investigation Agreement (Agreement) is made between Client Name: and Investigator/Firm Name: . The Client engages the Investigator to perform the investigations described herein concerning the Property identified below, and Investigator accepts such engagement on the terms set forth in this Agreement.

PARTIES & CONTACT INFORMATION

PROPERTY IDENTIFICATION

Parcel / APN:    Assessor Reference (if any):

SCOPE OF INVESTIGATION

The Investigator will perform the following investigations as selected by the Client. Unless specifically selected, items are excluded from the scope. The Investigator shall perform services in accordance with customary professional standards applicable to the selected services.

ACCESS, SCHEDULING & OCCUPANCY

Client represents and warrants that the Client is authorized to grant access to the Property for the purposes of the investigation and shall provide any necessary permissions. Access authorization / occupant / owner contact:

Preferred access / inspection dates (if known): from to .

DELIVERABLES, RELIANCE & TIMELINE

Deliverables (select): Written Report Field Notes Maps / Photographs

Expected delivery timeframe: from date of access or receipt of required records, whichever is later. Number of report copies to Client: .

Reliance: Reports prepared by the Investigator are for the exclusive use of the Client and may be relied upon by the Client and the Client's lender only if expressly permitted in writing by the Investigator. Distribution to third parties is permitted only with prior written consent and may require an additional reliance agreement and fee.

FEES, PAYMENT & CANCELLATION

Total Fee for selected services: $ . Deposit / retainer required: $ due upon execution of this Agreement.

Balance due upon delivery of report unless otherwise agreed. Payment due date: . Late fee: . Client authorizes Investigator to invoice and collect fees and to suspend services for non-payment.

Cancellation or rescheduling less than prior to scheduled access may result in a cancellation fee equal to .

DISCLOSURES & KNOWN CONDITIONS

Client must disclose known conditions that may affect the investigation. If applicable, indicate known conditions and provide details below.

LIMITATIONS, STANDARD OF CARE & WARRANTY DISCLAIMER

The Investigator will perform services in a professional manner consistent with generally accepted practices for the selected services. Client acknowledges that investigations are limited in scope and are not exhaustive. Unless expressly provided in writing, Investigator makes no warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. Findings are based on observations of visible, readily observable conditions and review of available records; latent or concealed conditions may not be discovered.

Exclusions: subsurface conditions unless soils/geotechnical is selected; historical records beyond standard record sources; legal conclusions; remediation recommendations beyond professional opinion; and testing or sampling that requires specialized laboratory analysis unless expressly ordered.

INDEMNIFICATION & LIMITATION OF LIABILITY

Client agrees to indemnify, defend and hold harmless the Investigator and its employees, agents and consultants from and against any liabilities, losses or claims arising out of Client's breach of this Agreement, Client's failure to disclose known conditions, or Client's improper use or distribution of the Investigator's reports.

Limitation of Liability: To the maximum extent permitted by law, Investigator's total liability for any claim arising out of or related to this Agreement shall not exceed the total fees paid by Client under this Agreement. In no event shall Investigator be liable for special, incidental, indirect or consequential damages, including but not limited to loss of profits.

GOVERNING LAW, NOTICES & MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located, without regard to conflicts of law principles. Notices: Formal notices shall be sent to the addresses provided in this Agreement and shall be effective upon receipt.

Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. Amendments must be in writing signed by both parties. If any provision is held invalid, the remainder shall remain in full force and effect.

ACKNOWLEDGMENTS & AUTHORIZATION

By signing below, Client authorizes Investigator to perform the selected services, to access available public and private records as necessary to perform the investigation, and to enter the Property at scheduled times. Client certifies that the information provided in this Agreement is true and complete to the best of Client's knowledge.

SIGNATURES

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