THIS AGREEMENT LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY.
This Home Inspection Agreement (the “Agreement”) is made effective on the date stated on Page 2 of this agreement by and between Homefax Inspections, LLC (hereinafter “Homefax”, “we”, “us” and “our”) and client named on Page 2 of this agreement (hereinafter “client”, “you” or “your”) (collectively “parties”).
We are engaged in the business of providing home inspection services. You have requested a general home inspection (the “Inspection”) and/or other inspection related services (“Ancillary Services”) to be performed on a home located at the address stated on Page 2 of this agreement (collectively “Services”). The Services desired are indicated by checking the appropriate box beside the desired service.
SCOPE OF THE INSPECTION: This Inspection is a limited visual examination of certain readily accessible systems and components (designated for inspection herein) using normal operating controls and opening readily accessible panels. The purpose of the Inspection is to provide you with information about the condition of certain systems and components of the home at the time of the Inspection. The inspection will be performed in accordance with the technical guidelines of the “Standards of Practice” of the International Association of Certified Home Inspectors (“InterNACHI” referred to herein as “inspection guidelines”). (A copy of the InterNACHI Standards of Practice are available on our web site www.homefaxinspections.com or in writing from us upon request and should be reviewed by you prior to accepting our service.) The inspection guidelines are hereby incorporated by reference in their entirety and are hereby made a part of this Agreement. All terms used herein and not otherwise defined shall have the meaning set forth in the inspection guidelines.
The inspector is a generalist and is not a licensed engineer or expert in any specific craft or trade. If the inspector recommends further action, including (but not limited to) consulting with a specialized expert(s), you must do so at your expense or otherwise assume all risks associated with failure to do so. This Inspection is not technically exhaustive. The fee charged for this Inspection is substantially less than that of a technically exhaustive inspection. A written inspection Report will be provided describing the following systems and components: structural components (including foundation and framing), exterior, roof system, plumbing system, electrical system, heating system, installed central and through-wall air conditioning systems, interiors, insulation & ventilation, and fireplaces & solid fuel burning appliances. The Report will identify the following: (a) which systems and components designated for inspection herein are, in the professional opinion of the inspector, significantly deficient or near the end of their service life, (b) why the inspector deems the system or component to be significantly deficient or near the end of its service life, (c) whether further evaluation, correction or monitoring is needed, and (d) whether any system or component described herein was not inspected and why it was not inspected. We reserve the right to modify the Report for a period of time that shall not exceed forty-eight (48) hours after the Report has been first delivered to you. Nothing in this Agreement is intended to limit the inspector from reporting observations and conditions in addition to those identified herein or excluding systems and components from the Inspection if agreed to in writing and signed by the parties. Should we, as a courtesy, exceed any particular requirement set forth herein in one area, we shall not be obligated to exceed the requirements in other areas.
EXCLUSIONS: A system or component is not readily accessible if Inspection requires moving personal property, dismantling, destructive measures, or any action that will, in the opinion of the inspector, likely involve risk to persons or property. Anything not readily observable because it is concealed or inaccessible due to obstructions including (but not limited to) floor coverings, suspended ceiling tiles, insulation, furniture or other personal property, soil, vegetation, water, ice or snow cannot be inspected. We are not required to move or disturb such items in order to diminish or eliminate the obstruction. We are not required to report on or engage in any practice or act that is not included or that is specifically excluded in the inspection guidelines unless otherwise agreed to in writing signed by the parties. We are not required to inspect anything identified in the inspection guidelines as limitations or exclusions specific to the systems and components inspected. The list of the following specific exclusions is not an exhaustive list; see the inspection guidelines for additional exclusions and limitations. We are NOT required to determine the following: remaining life of any system or component, the causes of any condition or deficiency, methods and costs of corrections, suitability of the property for a specialized use, market value or marketability, advisability of purchase of the property, the presence of pests such as wood damaging organisms (including termites), rodents or insect, rot/decay, fungus, including mold and mildew, decorative items, underground items, breached vacuum seals in insulated glass, or items not permanently installed. We are not required to do the following: predict future conditions including (but not limited to) failure of components, operate any system or component that is shut down or otherwise inoperable, light pilot lights, determine the presence of hazardous substances, enter hazardous areas, or perform engineering, architectural, plumbing, or any other job function requiring an occupational license or certification in your jurisdiction (unless the inspector holds a valid license or certification and the parties agree in writing signed by the parties on the additional service(s) for an additional fee). We are not required to inspect fences, soil conditions, spas, saunas, steam baths, pools (and related equipment), outbuildings (other than garage or carport), sprinkler systems, private and community waste disposal systems, telephones, cable television, intercoms, security systems, low voltage lighting systems, any timing systems, well systems, window-unit air conditioning systems, furnace heat exchangers, and heating or cooling systems when weather conditions or other circumstances may cause equipment damage. Appliances such as clothes washers & dryers, ovens, microwaves will not be operated if they contain personal property. These items, if operated will be limited to a brief startup in one cycle to verify powering up only. Refrigerators will be check for cooling and ice production, if ice maker is present. Water and ice dispenser function if present will be tested briefly. Dishwashers will be run through a rinse cycle if no personal property is present. Other specialty equipment/appliances will not be inspected unless specifically stated in the report. We are not required to inspect cosmetic items such as paint, wallpaper, carpet, or other finishes on walls, ceilings or floors, and any type of window treatment (such as blinds or draperies). We are not required to determine non-compliance with manufacturer’s specifications or applicable regulatory requirements, including (but not limited to) building code compliance. Water/moisture, leaks, seepage and drainage problems are often only visible during or after a certain amount of rain. It is thus impossible to observe water/moisture, leaks, seepage and drainage problems unless the Inspection is conducted during or immediately after a rain sufficient to reveal such problems.
It is beyond the scope of this inspection to determine if any system or component is, has been, or will be part of any product, component or system recall in the future. Client may wish to subscribe or contact the CPSC (Consumer Product Safety Commission) for recall information regarding any system or component.
MOLD EXCLUSION: Homefax is not responsible for discovering or reporting on the presence or absence of mold or mildew. Furthermore, Homefax is not responsible for any damages that arise from or related to mold or mildew, even if the mold or mildew is a direct consequence of a condition upon which Homefax is required to report as set forth in this agreement.
ADDITIONAL SERVICES: We may be able to perform any one or more of the Ancillary Services listed in this agreement. Unless you request Ancillary Services by checking the appropriate line beside the desired service and we agree to perform the Ancillary Service by executing this Agreement, this Agreement is for the general home inspection only and does not include the other delineated Ancillary Services, including but not limited to the following: radon gas test, and water analysis.
Notice of Claims – You understand and agree that any claim(s) or complaint(s) arising out of or related to any alleged act or omission of Homefax in connection with the Services shall be reported to us, in writing, within ten (10) business days of discovery. Unless there is an emergency condition, you agree to allow us a reasonable period of time to investigate the claim(s) or complaint(s) by, among other things, re-inspection before you, or anyone acting on your behalf, repairs, replaces, alters or modifies the system or component that is the subject matter of the claim. You understand and agree that any failure to timely notify us and allow adequate time to investigate as stated above shall constitute a complete bar and waiver of any and all claims you may have against us related to the alleged act or omission unless otherwise prohibited by law.
Arbitration – Any dispute concerning the interpretation of this Agreement or arising from the Services and Report (unless based on payment of fee) shall be resolved by binding, non-appealable arbitration conducted in accordance with the rules of the American Arbitration Association, except that the parties shall mutually agree upon an Arbitrator who is familiar with the home inspection industry.
Limitations Period – Any legal action arising from this Agreement or from the Services and Report, including (but not limited to) the arbitration proceeding more specifically described above, must be commenced within six (6) months from the date of the Services. Failure to bring such an action within this time period shall be a complete bar to any such action and a full and complete waiver of any rights, or claims based thereon. This time limitation period may be shorter than provided by state law.
Limit of Liability – Due to the nature of the Services we are providing, it is difficult to foresee or determine (at the time this Agreement is formed) potential damages in the event of negligence or breach of this Agreement by us. Thus, if we fail to perform the Services as provided herein or are careless or negligent in the performance of the Services and/or preparing the Report, our liability for any and all claims related thereto is limited to the fee paid for the Services (unless contrary to state law), and you release us from any and all additional liability. There will be no recovery for consequential damages. You understand that the performance of the Services without this limitation of liability would be more technically exhaustive, likely require specialist(s) and would cost substantially more than the fee paid for this limited visual inspection.
Confidentiality – You understand that the Services are being performed (and the Report is being prepared) for your sole, confidential and exclusive benefit and use. The Report, or any portion thereof, is not intended to benefit any person not a party to this Agreement, including (but not limited to) the seller or the real estate agent(s) involved in the real estate transaction (“third party”). If you directly or indirectly allow or cause the Report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold us harmless for any claims or actions based on the Services or the Report brought by the third party. Unless stated otherwise, signing this agreement authorizes Homefax Inspections, LLC to Share the Home Inspection Report and discuss details with your Real Estate Representative.
Severability and Entire Agreement – The parties agree that should an Arbitrator or Court determine that any provision(s) in this Agreement is void, voidable, or unenforceable, the remaining portions shall remain in full force and effect. This Agreement (in its entirety), and any attached, executed Addenda, contains the entire agreement between the parties, and there are no other representations, warranties, or commitments, except as are specifically set forth herein. This Agreement supersedes any and all representations or discussions, whether oral or written, if any, among the parties relating to the subject matter of this Agreement. This Agreement may be modified, altered or amended only if agreed to in writing and signed by the parties.
[ X ] General Home Inspection $ See Price List
[ ] Radon with home inspection $150.00
[ ] Radon Measurement $175.00
[ ] Thermal Imaging w/Inspection $125.00
[ ] Thermal Imaging $300.00
Total Fee (Payment is due prior to or at the time of inspection.)
Please note: if a return trip is required because the utilities are not on, an additional $100.00 will be charged at the time of inspection.
THE INSPECTION, ANCILLARY SERVICES, INSPECTION AGREEMENT AND REPORT DO NOT CONSTITUTE A WARRANTY, AN INSURANCE POLICY, OR A GUARANTEE OF ANY KIND; NOR DO THEY SUBSTITUTE FOR ANY DISCLOSURE STATEMENT AS MAY BE REQUIRED BY LAW.
By signing below you acknowledge that you have read, understand and agree to the terms and conditions of this agreement, including (but not limited to) the limitation of liability, arbitration clause and limitations period, and agree to pay the fee listed in the box above.
I (we) _______________, agree to have the property located at ________________________inspected by Homefax Inspections, LLC according to preceding conditions on ______________________ at __________, (client to arrive by ______).
I (we) understand that the report is confidential and is strictly for my (our) use only. If client is married, the signing party testifies that they have authority to bind this agreement for both parties. Failure to cancel at least 24 hours prior to an inspection appointment will result in a cancellation fee equal to 50% of the total shown above. Unless stated otherwise, your acceptance of this contract authorizes Homefax Inspections, LLC to share the report and discuss details with your Real Estate Representative.
_______________________________________ Date _______ __________________________________ Date:
Client Douglas Laurent, Homefax Inspections, LLC
_______________________________________ Date _______
Click here for a printable version.