The address of the property is:
______________________________________________________________________________________________.
Fee for the home inspection is
$____________________. INSPECTOR acknowledges receiving a
deposit of $_________________ from CLIENT.
THIS AGREEMENT made this
_____________ day of _______________________________________________________,
200__, 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. Although INSPECTOR agrees to follow
NACHI’s Standards of Practice, CLIENT understands that these standards contain
certain limitations, exceptions, and exclusions. CLIENT also understands that NACHI is not
a party to this Agreement and that NACHI has no control over INSPECTOR or
representations made by INSPECTOR and does not supervise INSPECTOR. Unless otherwise indicated below, CLIENT
understands that INSPECTOR will NOT be testing for the presence of Radon
– a colorless, odorless, radioactive gas
that may be harmful to humans.
Unless otherwise indicated below, CLIENT understands that INSPECTOR will
NOT be testing for mold.
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.
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. 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. CLIENT further understands
that any legal action against NACHI itself allegedly arising out of this
Agreement or INSPECTOR’s relationship with NACHI must be brought only in the
District Court of Boulder County, Colorado.
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.
CLIENT HAS CAREFULLY READ THE FOREGOING,
AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS
AGREEMENT.
_______________________________________________
_______________________________________________________________
FOR INSPECTOR
CLIENT OR REPRESENTATIVE