Home Inspection Contract

VISUAL INSPECTION DEFINITION AND LIMITATIONS

1. The client understands and agrees that this agreement is part of the Inspection Report and acceptance of or payment for the Inspection Report by the Client will confirm this agreement, even if the Client was not present at the inspection and/or has not signed this agreement.
2. The Client understands that the report and any information therein is intended for the sole use of the Client and shall not be used in lieu of any required Transfer Disclosure Statements and shall not be disclosed to or used by any person or persons other than the principals associated with this single transaction unless agreed to in writing.
3. Nothing in the report, and no opinion of the Inspection, should be construed as advice or recommendation to the Client to purchase, or not to purchase, the property.
4. The Visual Inspection Service is performed in accordance with the Standards of Practice as published by the State of Arizona and according to these standards, is intended to provide an opinion, through observation, as to the apparent general condition of a building’s components, systems, or parts thereof, including the identification of significant observable deficiencies therewith, as they exist at the time of the inspection. The observation is limited to a visual survey of certain fixed components and systems of a property. Any area which is not exposed to view, is concealed, or is inaccessible because of soil, walls or wall coverings, floors or floor coverings, ceilings, furnishings or any other thing, is NOT included in this inspection. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection.
5. The following are NOT included in the inspection:

• Latent or concealed defects.
• Environmental hazards or conditions, including, but not limited to, toxic, reactive, combustible, or corrosive contaminants, wildfire, odors, noise, flood potential, electromagnetic fields, underground storage tanks, asbestos, radon gas, lead paint, urea formaldehyde, PCB’s, water or air quality, the proximity to toxic waste sites or other environmental or health hazards.
• Structural, geological, soil or hydrological stability, survey, engineering, analysis or testing.
• Permit research or validation, code, installation or zoning violations.
• The examination of conditions related to animals, rodents, insects, wood destroying insects, organisms, mold and mildew, or the damage caused thereby.
• Radio controlled devices or low-voltage systems or relays.
• Security or intercom systems.
• Elevators, lifts or dumbwaiters.
• Thermostatic, time clock or photoelectric controls.
• Water softener or purifier systems.
• Window coverings.
• The examination or operation of any sewage disposal system or component including, but not limited to, septic tanks, cesspools, and/or any underground system or portion thereof, or ejector pumps for rain or waste.
• Landscape or farm irrigation systems.
• The condition and/or irrigation of trees, shrubs or vegetation of any kind.
• Any item which is hidden from view or impractical to test.
• Any item which is hidden from view or impractical to test.
• Any system or component not listed in the Standards of Practice as published by the State of Arizona as an observation requirement.
• Any system or component, condition, or application noted in the report as not inspected, not determined, or reported on.

6. The report is the professional opinion of the Inspector, based on the accessibility of the certain fixed components surveyed. Without dismantling parts of the building and/or components, and without full use of all utilities, the Inspector may extrapolate conclusions, which cannot be confirmed during the inspection.
7. The Inspection Company does not offer any warranty or insurance for the Client or any other person in connection with the Inspection Report. THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, OF THE INSPECTION SERVICE OR THE INSPECTION REPORT.
8. The client agrees to submit to the Inspection Company, in writing form, any claims or complaints against the Inspector or Inspection Company prior to taking any action thereupon.
9. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to, this contract or arising out of, from or related to the Inspector or Inspection Report shall be submitted to final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment of the Award may be entered in any Court of competent jurisdiction. Any action or proceeding, whether sounding in tort or in contract, against the Inspector/Inspection Company or its officers, agents, or employees, must be brought within one (1) year from the date of the inspection or will be deemed waived and forever barred.
10. To the extent allowed by law, it is understood and agreed by and between the parties hereto that the Inspector/Inspection Company is not a guarantor or insurer, that the payment for the subject inspection is based solely on the value of the service provided by the Inspector/Inspection Company in the performance of is limited visual inspection and production of a written inspection report as described herein, that it is impracticable and extremely difficult to fix the actual damages, it that the Inspector/Inspection Company’s and its officer’s, agents, or employees liability hereunder shall be limited and fixed in an amount equal to one hundred fifty percent (150%) of the inspection fee, as liquidated damages, and not as a penalty, and this liability shall be exclusive.
11. Photos that may be appearing in the report are intended to assist the Client in locating and understanding a particular condition of defect the Inspector has noted in the narrative report. Photos are not meant to be exhaustive or to disclose all defects or conditions noted by the Inspector.
12. Mold may be a potential health concern in certain forms. Mold can grow in areas hidden from view during the course of a visual inspection. The smallest of leaks can cause mold to grow inside a wall with no visible signs to the outside of the wall. An old roof which has since been replaced, could have caused stains and mold growth to the ceilings, but have been cosmetically repaired to hide it. The Client by initialing below agrees to hold Inspection Company harmless in any case of mold discovery and litigation. It is beyond the scope of this inspection and beyond the expertise of the Inspector to determine if a mold problem does in fact exist. It is highly advised that if your are concerned with this issue that the home be tested for mold.
13. Inspector has up to seventy-two (72) hours from delivery of initial report to amend or supplement the report.

AGREED:

CLIENT:__________________________________________

(sign)_____________________________________________ DATE:_______________


INSPECTOR:_______________________________________

(sign)______________________________________________ DATE:______________