SAMPLE CONTRACT
THIS CONTRACT LIMITS OUR LlABILlTY...PLEASE READ CAREFULLY.
This agreement is between the client named on page 2 of this contract and the Inspection Company.
I (Client) hereby request a limited visual inspection of the structure at the address named on page 2 of this contract, for my sole use
and benefit. I warrant that I will read the following agreement carefully. I understand that I am bound by all the terms of this contract. I
further warrant that I will read the entire inspection report when I receive it and promptly call the inspector with any questions I may
have. X____
SCOPE OF INSPECTION
The scope of the inspection and report is a limited visual inspection of the general systems and components of the home to identify any
system or component listed in the report which may be in need of immediate major repair. The inspection will be performed in
compliance with generally accepted standards of practice, (_) a copy of which is available upon request or (_) included with this report.
The scope of the inspection is limited to the items listed within the report pages INDICATED AS INCLUDED on the bottom of the Key
page.
.
OUTSIDE THE SCOPE OF THE INSPECTION
Any area that is not exposed to view, is concealed, or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing, or any
other thing is not included in this inspection.
The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions that are
concealed from view at the time of the inspection.
Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION:
Building code or zoning ordinance violations.
Geological stability or soils condition.
Structural stability or engineering analysis.
Termites, pests or other wood destroying organisms.
Asbestos, radon, formaldehyde, lead, water or air quality, electromagnetic radiation or any environmental hazards.
Building value appraisal or cost estimates.
Condition of detached buildings.
Pools or spas bodies and underground piping.
Specific components noted as being excluded on the
individual system inspection forms.
Private water or private sewage systems.
Saunas, steam baths, or fixtures and equipment.
Radio-controlled devices, automatic gates, elevators, lifts, dumbwaiters and thermostatic or time clock controls.
Water softener / purifier systems or solar heating systems.
Furnace heat exchangers, freestanding appliances, security alarms or personal property.
Adequacy or efficiency of any system or component.
Prediction of life expectancy of any item.
(Some of the above items may be included in this inspection for additional fees check with your inspector)
This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures which may be required by law.
Your inspector is a home inspection generalist and is not acting as a licensed engineer or expert in any craft or trade. If your inspector
recommends consulting other specialized experts, Client must do so at Client's expense.
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 association except that the parties shall select an arbitrator who 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. I have read and agree to the above Arbitration Clause: X_____
CONFIDENTIAL REPORT: The inspection report to be prepared for Client is solely and exclusively for Client's own information and
may not be relied upon by any other person. Client agrees to maintain the confidentiality of the inspection report and agrees not to
disclose any part of it to any other person. Client may distribute copies of the inspection report to the seller and the real estate agents
directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Agreement or the inspection
report. Client and Inspector do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this
Agreement or the inspection report. Client agrees to indemnify, defend, and hold Inspector harmless from any third party claims arising
out of Client's unauthorized distribution of the inspection report.
ATTORNEY'S FEES: The prevailing party in any dispute arising out of this agreement, the inspection, or report(s) shall be awarded
all attorney's fees, arbitrator fees and other costs.
SEVERABILITY: Client and Inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of
this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.
DISPUTES: Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the
Subject Property, as limited herein above, shall be made in writing and reported to the Inspector within ten business days of discovery.
Client further agrees that, with the exception of emergency conditions, Client or Client's agents, employees or independent contractors,
will make no alterations, modifications or repairs to the claimed discrepancy prior to a reinspection by the Inspector. Client
understands and agrees that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for said
failure to accurately report the condition in question.
PAGE 2
THIS CONTRACT LIMITS OUR LlABILlTY...PLEASE READ CAREFULLY.
LIMITATION ON LIABILITY
INSPECTOR'S LIABILITY FOR MISTAKES OR OMISSIONS IN THIS INSPECTION REPORT IS LIMITED TO A REFUND OF THE FEE PAID
FOR THIS INSPECTION AND REPORT. THE LIABILITY OF INSPECTOR'S PRINCIPALS, AGENTS, AND EMPLOYEES IS ALSO LIMITED
TO THE FEE PAID. THIS LIMITATION APPLIES TO ANYONE WHO IS DAMAGED OR HAS TO PAY EXPENSES OF ANY KIND BECAUSE
OF MISTAKES OR OMISSIONS IN THIS INSPECTION AND REPORT. THIS LIABILITY LIMITATION IS BINDING ON CLIENT AND
CLIENTS SPOUSES, HEIRS, PRINCIPALS, ASSIGNS AND ANYONE ELSE WHO MAY OTHERWISE CLAIM THROUGH CLIENT. CLIENT
ASSUMES THE RISK OF ALL LOSSES GREATER THAN THE FEE PAID FOR THE INSPECTION. CLIENT AGREES TO IMMEDIATELY
ACCEPT A REFUND OF THE FEE AS FULL SETTLEMENT OF ANY AND ALL CLAIMS WHICH MAY EVER ARISE FROM THIS
INSPECTION.
Client(s) Initial X___
Client understands that if Client wants an inspection WITHOUT A LIMIT ON LIABILITY TO A REFUND OF THE FEE PAID for the inspection,
Client may pay an additional fee to receive a report without the limitation
Address ____________________________________________________________________
Client ____________________________________________________________________
Report # ______________
Client, Please initial your choice below:
___ I do AGREE to pay an additional fee to remove the limit of liability to a refund of the fee paid.
_x__I do NOT AGREE pay an additional fee to remove the limit of liability to a refund of the fee paid
.
PERMITS
______I do agree to pay $_________for the inspector to research and provide all building
permits that appear on the municipal records for the above
_x_____I do not AGREE to pay an additional fee
LIMITED LIABILITY INSPECTION FEE $ ____________
ADDITIONAL FEE FOR REMOVAL OF LIMITATION $ ____________
OTHER TESTING AND INSPECTION FEES $ ____________
PERMIT RESEARCH FEE $ ____________
TOTAL INSPECTION FEE $ ______________
By signing below you acknowledge that you have read, understand and agree to the scope of the inspection and agree to all of the
terms and conditions of this contract. You also agree to pay the fees listed above.
Client: X _______________________________________
Client: X _______________________________________ Dated: ______________
Inspector: ______________________________________
Dated: ______________