The address of the property is:
______________________________________________________________________________________________.
Fee for the home inspection is
$____________________. THIS AGREEMENT
made this _____________ day of _______, 200__, by and between Inside Outside Home Inspection LLC herein
after “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 delivered by email 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. This Inspector agrees to perform this inspection is in accordance with
standards and practices set forth in Division 8 of
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 to the fullest
extent allowed by
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. I have read and agree to the above limitation
clause. ◄
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.
7. ARBITRATION: Any
dispute concerning the interpretation of this agreement or arising from this
inspection and report, except one for inspection fee payment, shall be resolved
informally between the parties or by arbitration conducted in accordance with
the rules of a recognized arbitration that is familiar with the home inspection
industry. The arbitrator shall conduct
summary judgment motions and enforce full discovery rights as a court would as
provided in civil proceeding by legal code. The prevailing party
in any dispute arising out of this agreement, the inspection, or report(s)
shall be awarded all attorney fees, arbitrator fees and other costs. I have
read and agree to the above Arbitration clause: _____◄
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 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.
CLIENT HAS READ THE FOREGOING, AGREES TO IT,
AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
CLIENT or
REPRESENTATIVE:____________________________________________________
INSPECTOR____________________________CLIENT EMAIL FOR
REPORT______________________________________________________