Inspection Agreement

 Inspection Agreement

This inspection agreement is a legally binding contract for professional services provided by Assured Home Inspections, LLC (the inspection company) for (the client) at  (the subject property location) on (date) for a fee of ($___) due upon completion of the on-site inspection. The parties understand and voluntarily agree as follows.

Client requests the inspection company to conduct a limited visual inspection of the subject property and provide a written report of findings for the client’s sole use and benefit. The client understands that he/she is bound by all terms of this agreement. Client agrees to read the entire report upon receipt and contact the inspection company immediately with any questions or possible concerns.

SCOPE OF WORK: The inspection company agrees to complete a limited visual inspection of the readily accessible areas of the building to identify any system or component listed in the report that may be in need of immediate repair. The inspection will be performed in substantial compliance with the American Society of Home Inspectors (ASHI) current standards of practice. Inspection items include visible portions of the grounds, exterior surfaces, roof coverings, plumbing/heating and electrical systems, interior components, attic, and crawl space areas.

EXCLUSIONS FROM THE SCOPE OF WORK: The inspection company will not include or comment on any item or area that is concealed, not exposed to view, or is not fully accessible due to soil, moss, debris, water, furnishings, personal belongings, surface finishes, floor, wall, and ceiling coverings, or any other thing(s). Client agrees that the inspection company does not assume liability for anything that is not visible at the time of the inspection. This is not a home warranty, guarantee, or insurance policy. Any comment regarding a component listed as being excluded does not render the remaining items listed as being included in the inspection and report.

The inspection does not include determination of compliance with building codes, zoning laws, covenants, easements, geologic stability or soils condition or analysis; structural stability or engineering analysis; private or community water supply and waste disposal 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, humidifiers, electronic air cleaners, freestanding appliances, trash compactors, laundry machines, refrigerators, security alarms or other personal property; prediction of adequacy, efficiency, or life expectancy of any system or component; integrity of insulated glass seals; carpenter ants, pests or other destroying organisms; asbestos, radon, formaldehyde, lead, water or air quality, electromagnetic radiation or any other environmental hazards; building value appraisal, repair cost estimates; condition of detached buildings including sheds; hot tubs, spas and all associated heaters, pumps, and piping; and components listed in the report that are noted as being excluded. The inspector is a generalist and is not acting as a professional engineer or expert in any craft, trade, or contracting specialty. The client is urged to consult with specialty contractors at their discretion.

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 binding arbitration conducted in accordance with the recognized Arbitration Association rules. The arbitrator shall be familiar with home inspection.

USE BY OTHERS: This report is prepared for the client and will be used for their use only. If the client is the owner/seller of the property, the report may be provided to prospective purchasers, however the responsibility and liability for inspection services provided by the inspection company does not extend to any prospective buyer or other parties and neither the inspection company nor its inspectors are obligated to respond to parties other than the client. In this case the client agrees to indemnify and hold the inspection company harmless for any and all claims that may arise.

ATTORNEYS FEES:  The prevailing party in any dispute arising out of this agreement, the inspection, or report(s) shall be awarded attorneys’ fees, arbitration and other costs.

SEVERABILITY: Client and Inspection Company agree that should a Court of Competent Jurisdiction determine and declare that any provision of this contract is invalid or unenforceable; the remaining provisions 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 reported to the inspector within ten days of discovery and be made in writing. 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 re-inspection by the Inspector. Client understands and agrees that any failure to notify the inspector as stated above shall constitute a waiver of all claims for said failure to accurately report the condition in question.

LIMITATION ON LIABILITY: The inspector is not liable for any condition that was not readily accessible and visible at the time of the inspection. This extends to speculative comment or conclusions regarding seasonal effects such as ice-damming and associated leakage, ground movement, or any other thing that is not occurring at the time of the inspection. The inspection service provided includes both field investigation and the written report. Both components are considered by the inspection company to be essential to the full expression and transfer of information. The services provided are considered a professional opinion, and are protected as such.

NOTICE: This report contains information that may not be readily understandable to a lay person. Explanation at the time of the inspection is a mandatory part of this inspection. If the client is/was not present during the inspection then neither Assured Home Inspections LLC nor the Inspector can be held liable for your understanding of the information contained in this inspection report. Please contact the office for a verbal consultation regarding the information contained herein.

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.

Clay Dial, Inspector:                        

Client: