Fee for the home inspection is $________INSPECTOR acknowledges receiving a deposit
of $_______ from CLIENT.
THIS AGREEMENT made on _________ by and between __________________________ (Hereinafter
"INSPECTOR") and the undersigned (hereinafter "CLIENT"), collectively referred
to herein as "the parties." The Parties Understand and Voluntarily Agree as
follows:
1. INSPECTOR agrees to perform a visual inspection of the home/building and
to provide CLIENT with a written inspection report identifying the defects that
INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a
courtesy, but these comments will not comprise the bargained-for report. The
report is only supplementary to the seller's disclosure.
2. 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
posted at http://www.nachi.org/sop.htm.
CLIENT understands that these standards contain certain limitations,
exceptions, and exclusions.
3. The inspection and report are performed and prepared for the use of
CLIENT, who gives INSPECTOR permission to discuss observations with real estate
agents, owners, repairpersons, and other interested parties. INSPECTOR accepts
no responsibility for use or misinterpretation by third parties. INSPECTOR'S
inspection of the property 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 home/building or its
components. Any and all warranties, express or implied, including warranties of
merchantability and fitness for a particular purpose, are expressly excluded by
this Agreement.
4. 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 home/building even if the CLIENT has 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 among the INSPECTOR and CLIENT; and (iii) to
enable the INSPECTOR to perform the inspection at the stated fee.
5. 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 he/she may inform the CLIENT that he/she is so licensed,
and is therefore qualified to go beyond this basic home inspection, and for
additional fee, perform additional inspections beyond those within the scope of
the basic home inspection. Any agreement for such additional inspections shall
be in a separate writing or noted here:
________________________________________________________________________________.
6. 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 or liability of any kind.
6a. The parties agree that any dispute, controversy, interpretation or claim
including claims for, but not limited to, breach of contract, any form of
negligence, fraud, or misinterpretation arising out of, from or related to the
inspection or inspection report shall be submitted first to Mediation to be
followed by final and Binding Arbitration, if necessary, as conducted by
Construction Dispute Resolution Services, LLC or Resolute Systems, Inc.,
utilizing their respective Rules and Procedures. If the dispute is submitted to
Binding Arbitration, the decision of the Arbitrator appointed there under shall
be final and binding and the enforcement of the Arbitration Award may be
entered in any court of competent jurisdiction.
6b. NOTICE: YOU AND WE WOULD HAVE A RIGHT
OR OPPORTUNITY TO LITGATE DISPUTES THROUGH
A COURT AND
HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE
DISPUTES THROUGH MEDIATION AND
BINDING ARBITRATION.
7. The parties agree that any litigation arising out of this Agreement shall be
filed only in the Court having jurisdiction in the County in which the
INSPECTOR has its principal place of business. In the event that CLIENT fails
to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees
to pay all legal costs, expenses and fees of INSPECTOR in defending said
claims.
8. If any court declares any provision of this Agreement invalid or
unenforceable, the remaining provisions will remain in effect. 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 after one year from the date of the inspection.
9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon
completion of the on-site inspection. The CLIENT agrees to pay all legal and
time expenses incurred in collecting due payments, including attorney's fees,
if any. If CLIENT is a corporation, LLC, or similar entity, the person signing
this Agreement on behalf of such entity does personally guaranty payment of the
fee by the entity.
10. If Client requests a re-inspection, the re-inspection is also subject to
all the terms and conditions set forth in this agreement.
11. HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate
agents involved in the purchase of the property to be inspected harmless and
keep them exonerated from all loss, damage, liability or expense occasioned or
claims by reason of acts or neglects of the INSPECTOR or his employees or
visitors or of independent contractors engaged or paid by INSPECTOR for the
purpose of inspecting the subject home.
12. This agreement is not transferable or assignable.
CLIENT HAS CAREFULLY READ THE FOREGOING,
AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY
OF THIS AGREEMENT.
___________________________________
FOR INSPECTOR
___________________________________
CLIENT OR REPRESENTATIVE