Inspection Agreement

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© 2016-18 Created by Tim Early

Early Home Inspection LLC 1121 Chipping Court, Virginia Beach. VA 23455   (757) 478-1280

Home Inspection Agreement

(757) 478-1280

Tim@EarlyHomeInspection.com

www.EarlyHomeInspection.com

1121 Chipping Court, Virginia Beach, VA 23455

 

HOME/BUILDING INSPECTION AGREEMENT

THIS AGREEMENT LIMITS OUR LIABILITY -- PLEASE READ IT CAREFULLY

 

Client _______________________________________________________________  Inspection Date: ______________________  Time: __________________________

 

Property Address __________________________________________________________________________________________  EHI No.__________________________

 

This Inspection Agreement is entered into between the Client and EARLY HOME INSPECTION, a Virginia LLC (the Company) including its Virginia Licensed inspectors. Early Home Inspection, LLC complies with all rules and regulations per Virginia statute 18VAC 15-40.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

 

SCOPE - Inspection of Residence: In consideration of the terms and conditions set forth below, the Company

agrees to perform a visual inspection (the Inspection) of the property listed above (the Residence), and to prepare and provide to the Client an Inspection Report (the Report) identifying the defects the we observed and deemed material. The Inspector may offer comments as a courtesy, but these comments will not comprise the bargained for report. The report expresses the personal opinions of the inspector and is not technically exhaustive or implies that every component was inspected, or that every defect was discovered. The report is only supplementary to the seller’s disclosures. The Inspection will be in accordance with the Standards of Practice of the International Association of Certified Home Inspectors® (InterNACHI®). A copy of the InterNACHI Standards of Practice is available to the Client at www.nachi.org or www.earlyhomeinspection.com . You understand that InterNACHI’s SOP’s contain limitations, exceptions and exclusions which are incorporated into this document. You also understand that InterNACHI is not a party to this agreement, has no control over us and does not supervise us. This is not a building code inspection. Excluded from this agreement are any InterNACHI SOP’s for auxiliary services beyond their basic home inspection SOP. The Inspection will consist of visual observation of readily and safely accessible areas of the Residence. As specified in the InterNACHI Standards for multiple occurring items such as outlets, windows, and doors - only a representative number will be inspected/tested. The Inspection is limited only to visual observation of apparent conditions existing at the time of the Inspection. The Report will be sent to the Client and any other person or company he/she designates as per the Disclosure section below. The copyright of the Report shall remain with the Company; however, the client may reproduce and distribute as they see fit. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located.

 

INSPECTION COMPONENTS: The Inspection is strictly limited only to the following components of the Residence:

Structural System (foundation, framing, stairs, crawl space and its ventilation and vapor barriers or slab, floors, ceilings, walls); Roof (structure, attic, insulation, covering, ventilation, drainage system, flashings, skylights, chimneys, penetrations, framing, sheathing); Exterior (site conditions-grading, wall covering, flashing, trim, decks, balconies, stoops, steps, porches, attached garages, carports, railings, eaves, soffits, fascias, walkways, patios, driveways); Interior (walls, ceilings, floors, steps, stairs, railings, balconies, countertops, cabinets, doors, windows, garage doors and their openers, fireplaces, solid fuel burning appliances);  Major Systems (heating, air conditioning, electric, plumbing); Built-in Appliances if remaining.

ENTIRE AGREEMENT & SEVERABILITY: This Agreement contains the entire agreement between the Client and the

Company. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered or amended only in writing and signed by both the parties. Any provision of this Agreement which proves to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Agreement and all such other provisions shall remain in full force and effect.

 

NO WARRANTY OR GUARANTEE: The Inspection and the Report are not intended; nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance or condition of any aspect of the Residence. The Client acknowledges and agrees that the Company is not an insurer of any inspected or non-inspected conditions at the Residence. The Client acknowledges that the Company has explained that home warranty plans are available which offer valuable protection against certain unforeseen repair expenses. From time to time, EHI will offer third-party services, guarantees, protections or warranties at no cost to the client. They are always limited and any Client use of them will be through the third party directly. As is the case with the “We’ll Buy Your Home Back” Program, the client understands that InterNACHI purchases the home – not EHI. This is true for all such third-party offerings whether a service promise, guarantee, protection or warranty. EHI’s role is limited to participation in the various programs and has no obligation to provide any third-party offering. The Client’s sole remedy for any third-party failure to perform is against that third party.

LATENT AND FUTURE DEFECTS: The Inspection is not a technically exhaustive investigation or evaluation of every aspect of the Residence. The Client acknowledges and agrees that the Inspection and the Report will not reveal every existing deficiency and future condition affecting the Residence. The Company is not responsible for the non-discovery

of any latent defects in the Residence, or any problems that may occur or become evident after the date of the Inspection. Latent defects in the Residence include, but are not limited, to: cracking, leaking, surface dislocations, or landslides resulting from, without limitation, water leaks, land subsistence, or other geological problems. The Company is not responsible for future defects, failures and repairs. The Company shall have a reasonable opportunity, weather permitting, to access the Residence to evaluate any situation prior to any corrective action being taken by the CLIENT. However, immediate "first aid" should be undertaken by the CLIENT as needed.

 

FEE: $___________________ . This Fee is for the Inspection and Report, and payable at the time of the inspection. If payment is not received more than 7 days after the date of inspection, there will be a late payment penalty in the amount of $50.00, and will accrue interest at the rate 1.5% monthly (18% per annum) from the date of delinquency until paid. The Client also agrees to pay all attorney fees and associated costs for the Company to collect the amount due. Remedy for nonpayment shall be adjudicated in small claims court.

Deposit: $__________________

 

LIMITS OF LIABILITY: The CLIENT agrees that the limit of liability is the fee amount charged for inspection, and is unrelated to the costs of repairing or correcting any defects in the Residence. The Company assumes no liability for the cost of repairing or replacing any reported or unreported defect or deficiency in the Residence, either current or arising in the future, or for any property damage, consequential damage, or bodily injury of any nature. The Inspection and Report are conducted and prepared for the sole, confidential and exclusive use of the Client. Consequential and third party damages are excluded; and the client indemnifies the company from all such claims.

 

Even though the report may have been a material factor in the client's decision to purchase the residence, the client agrees that should the company be found liable for any loss or damages resulting from a failure to perform any of the company's obligations, including but not limited to negligence, breach of contract, or any other legal theory or cause of action, the liability of the company shall be limited solely to fee amount charged for inspection.

 

COMPLAINTS (Regarding Inspection) - Limitation of Actions: If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of adverse conditions within seven days of discovery; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability. As well, all claims and legal action regarding or arising from the property condition and this inspection and report must be filed and initiated by Client no later than one (1) year following the date of the Report. A failure to do so will result in a loss of any and all legal rights. The client waives any rights to any statutes of limitation greater than one year.

 

MEDIATION and/or ARBITRATION CLAUSE: Providing we are BBB Accredited and in good standing, Client and EHI agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to the Better Business Bureau of Greater Hampton Roads to be resolved through mediation and/or binding arbitration. Mediators are volunteers and are Supreme Court Certified. Decisions reached in mediation are mutually agreed upon between disputing parties. In accordance with the BBB Rules of Binding Arbitration, the Arbitrator’s decision will be final and binding on both Client and EHI, and judgment on the decision may be entered in any court having jurisdiction. This Agreement to Arbitrate affects important legal rights. Neither Client nor EHI will be able to go to court for disputes that must be arbitrated. Further information about BBB arbitration may be obtained by contacting the BBB at 757-531-9400.

 

Should the BBB decline arbitration for any reason, any controversy or claim arising out of, or relating to this Agreement, or breach thereof, either directly or indirectly shall be settled by binding arbitration administered by the American Arbitration Association in the state of Virginia using its Commercial Arbitration Rules. The arbitrator shall have at least three (3) years of actual knowledge of the home inspection industry. Any decision and judgment award rendered may be entered in any court having jurisdiction hereto. In this scenario, each party agrees to pay its own costs of arbitration. (This excludes payment of the arbiter's fees which are to be paid by the client.)

 

EXCLUSIONS FROM THE INSPECTION: The following items, components and issues are specifically not included

in the Inspection: any system or component that requires utilities to be on which are not (it is the responsibility of the client to ensure all utilities are on prior to the inspection and should this not be the done and EHI must return to inspect those areas affected, the client agrees to pay an additional $125 per trip over and above the above listed fee…PICRA re-inspections are $150.00); product recalls by the CPSC or manufacturers or others; the presence or absence of termites, dry rot, fungus, mold or other wood destroying pests; the interior condition of chimney flues; all concealed or underground items, including without limitation, plumbing and electrical components, septic systems or cesspools, well and its water quality; water softeners and purification systems; playground equipment; intercoms; security systems; heat sensors; cosmetics; fire protection systems; humidifiers or dehumidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities;  underground storage tanks; motion or photo-electric sensor lighting; concealed or private secured systems; all overflow drains; heating system accessories; solar heating systems; central vacuum systems; telephone, satellite or cable TV systems; antennae; lightning arrestors; load controllers; trees or plants; EIFS; swimming pool/spa and systems; automatic sprinkler systems; any system that is shut down; lighting of pilot lights; alarm and low voltage systems, including without limitation, yard fixtures, timers, de-icing systems, and solar systems; storm windows, screens, and doors; shutters, awnings and related accessories; broken windowpanes & "THERMO-PANES"; all portable/moveable appliances including, without limitation, the refrigerator/freezer; the temperature calibration, self-cleaning feature, and timer operation of the stove/oven; the heat exchanger; radiant heating system; compliance with past or present state and local building code requirements; evaluation or analysis of soil conditions and geological stability; evaluation of engineering and architectural issues; compliance with any federal, state, or local environmental laws, rules, and ordinances; the existence of any hazardous wastes and toxic substances on, in, or around the Residence including, without limitation, asbestos, radon gas, lead and lead-based paint, mold, toxins, flammable material, fungi, formaldehyde, carcinogens or methamphetamine.

 

As well, the following categories are not covered by this home inspection and are excluded from the contract: the condition of systems or components that are not readily accessible; the remaining life of any system or component; the strength, adequacy, effectiveness or efficiency of any system or component; energy efficiency measurements; the causes of any condition of deficiency; the methods, materials or costs of corrections; future conditions including, but not limited to, failure of systems or components; the suitability of the property for any use; the market value of the property or its marketability; the insurability of the property; the advisability of the purchase of the property; the presence of diseases harmful to humans or potentially harmful to plants or animals including, but not limited to, wood destroying organisms and mold; the effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances; the operating costs of systems or components; the acoustical properties of any system or component; or the inspection of outbuildings. If any structure or portion of any structure you want us to inspect is a log home, log structure or includes similar log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects. No disassembly of equipment, opening of walls, moving of furniture, appliances, stored items, or excavation is performed. All components and conditions which by nature of their location are concealed, camouflaged or difficult to inspect are excluded.

 

See Exhibit “A” for additional Limitations, Exceptions & Exclusions. (Exhibit "A" is deleted from cell phone views...view from desktop)

 

CODE COMPLIANCE: It is understood that this contracted inspection does not include a review for compliance with regulatory requirements (Virginia Uniform Statewide Building Code or other codes, regulations, laws, ordinances, etc.).

 

WALK-THROUGH INSPECTION BY CLIENT: The Client is advised that conditions at the Residence may change between the date of the Inspection and the date on which the Client closes on the purchase of the Residence. Consequently, the Client is advised and encouraged to personally conduct, or to arrange for an independent third party to conduct a pre-closing "Walk-Through Inspection" of the Residence. This pre-closing Walk-Through Inspection should include, but not be limited to, the heating/cooling systems and the landscape sprinkler system - weather permitting.

 

HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.

Also, CLIENT agrees to hold the INSPECTOR harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of referrals to third-parties. The INSPECTOR does not warrant or guarantee the work of any third party.

 

RE-INSPECTION: If you request a re-inspection, the re-inspection is subject to the terms of this Agreement and additional fees.

RULE OF CONSTRUCTION: No rule of construction requiring interpretation against the drafting Party hereof shall apply in the interpretation of this Agreement.

 

NO CONFLICT OF INTEREST: Early Home Inspection certifies that their inspectors have no interest, present or contemplated, in this property contracted to inspect or its improvement and no benefits derived from its sale or improvements. To the best of our knowledge and belief, all statements and information in the contracted inspection report are true and correct.

REFERRALS: EHI will occasionally refer other companies to the client. While EHI has no financial interest in those companies, EHI does have a working relationship with some beyond just a referral. EHI periodically hires others to assist in inspections or to provide services to complement EHI offerings. EHI’s business relationship with companies they hire is strictly to aid EHI’s clients. Certain companies listed below work closely with EHI to achieve EHI’s clients’ needs:

Pro-Tect Incorporated

Walker-Baldwin Properties

Sadler Building Corporation

Other companies may be referred; however, EHI’s experience with them may be limited. Clients should do their own due diligence on all referrals. EHI makes no expressed or implied warranties to any referral’s capabilities, workmanship standards or quality.

VALUE-ADDED SERVICES: EHI may have an affiliation with a third-party service provider (“TPSP”) in order to offer you additional value-added services. By entering into this agreement, you (a) authorize EHI to provide your contact information (including telephone number) to the TPSP, (b) waive and release any restrictions that may prevent the TPSP from contacting you (including by telephone using automated dialing technology), and (c) authorize the TPSP to contact you (including by telephone) regarding home services.

 

DATA STORAGE: In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into HomeGauge inspection software and services, which inspector uses to produce the inspection report. This information may include personally-identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the provider of HomeGauge, as set out in the HomeGauge Privacy Policy found at https://www.HomeGauge.com/privacy.html.

 

ENTRY TO PREMISES: Client represents and assures that all necessary approvals have been secured for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless Early Home Inspection from demands or claims alleging a trespass upon the premises to be inspected. As well, it is the client’s responsibility to ensure that all utilities are on at the time of the inspection.
 

CLIENT USE ONLY: Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us for any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.

 

ACCEPTANCE OF TERMS AND CONDITIONS: The contracted inspection is being performed with the express knowledge that by receiving the inspection confirmation or by signing this contract via personal delivery, email, electronic acceptance or USPS, you are agreeing to all terms and conditions are noted in this contract.

REPORTS:

                        [X]   Home Inspection

                        [  ]   Build Facts

                        [  ]   Recall

                        [  ]   Energy

 

DISCLOSURES: I/we authorize the distribution of the Report to the following:

[X]   Buyer/s

[  ]   Buyer's Real Estate Agent/s

[  ]   Seller/s

[  ]   Seller’s Real Estate Agent/s

[  ]   PICRA Satisfaction Agent/Company

[  ]   Move-In Preparation Agent/Company

[  ]   Other __________________________

[  ]   Other __________________________

[  ]   Other __________________________

 

APPROVAL TO RECEIVE: By checking below, the client desires and agrees to receive each of the following and further understands he/she may cancel at any time:

            [  ]   Newsletters

            [  ]   Recall Notices (if participating)

            [  ]   Other Pertinent Information

ASSIGNMENT: You may not assign this Agreement.

 

SIGNING: If there is more than one Client, whether or not present, you are signing on behalf of all of them, and you represent that you are authorized to do so.

 

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

 

ANTICIPATED DELIVERY DATE OF THE INSPECTION REPORT: __________________________

 

INSPECTOR: Early Home Inspection, LLC _______________________________________   Date ____________________

          Inspector – Timothy J. Early, Virginia License Number 3380000765 NRS (Expires 2/28/2019)

 

CLIENT:__________________________________________________________________   Date ______________________________

 

CO-CLIENT:_______________________________________________________________   Date _____________________________

 

MAILING ADDRESS: __________________________________________________________________________________________

 

E-MAIL ADDRESSES: __________________________________________________________________________________________

 

PHONE NUMBERS:                  Home - ___________________________

                                                     Work - ____________________________

                                                     Mobile - ___________________________

 

                                                                                                                                                                       

Payment is due at time of physical Inspection

Cash, Check, Debit or Credit Cards

(Visa, MC, Discover, Am. Express)

Money Order, Apple Pay, Samsung Pay or Google

Please make check payable to: Early Home Inspection

Exhibit “A”

2. Limitations, Exceptions & Exclusions

2.1. Limitations:

I. An inspection is not technically exhaustive.

II. An inspection will not identify concealed or latent defects.

III. An inspection will not deal with aesthetic

concerns or what could be deemed matters of

taste, cosmetic defects, etc.

IV. An inspection will not determine the suitability of

the property for any use.

V. An inspection does not determine the market

value of the property or its marketability.

VI. An inspection does not determine the insurability

of the property.

VII. An inspection does not determine the

advisability or inadvisability of the purchase of

the inspected property.

VIII. An inspection does not determine the life

expectancy of the property or any components

or systems therein.

IX. An inspection does not include items not

permanently installed.

X. This Standards of Practice applies only to

properties with four or fewer residential units and

their attached garages and carports.

2.2. Exclusions:

I. The inspector is not required to determine:

A. property boundary lines or encroachments.

B. the condition of any component or system that is

not readily accessible.

C. the service life expectancy of any component or system.

D. the size, capacity, BTU, performance or

efficiency of any component or system.

E. the cause or reason of any condition.

F. the cause for the need of correction, repair or

replacement of any system or component.

G. future conditions.

I. the presence of evidence of rodents, birds,

animals, insects, or other pests.

J. the presence of mold, mildew or fungus.

K. the presence of airborne hazards, including radon.

L. the air quality.

M. the existence of environmental hazards,

including lead paint, asbestos or toxic drywall.

N. the existence of electromagnetic fields.

O. any hazardous waste conditions.

P. any manufacturers' recalls or conformance with

manufacturer installation, or any information

included for consumer protection purposes.

Q. acoustical properties.

R. correction, replacement or repair cost estimates.

S. estimates of the cost to operate any given system.

II. The inspector is not required to operate:

A. any system that is shut down.

B. any system that does not function properly.

C. or evaluate low-voltage electrical systems, such

as, but not limited to:

1. phone lines;

2. cable lines;

3. satellite dishes;

4. antennae;

5. lights; or

6. remote controls.

D. any system that does not turn on with the use of

normal operating controls.

E. any shut-off valves or manual stop valves.

F. any electrical disconnect or over-current

protection devices.

G. any alarm systems.

H. moisture meters, gas detectors or similar equipment.

III. The inspector is not required to:

A. move any personal items or other obstructions,

such as, but not limited to: throw rugs,

carpeting, wall coverings, furniture, ceiling tiles,

window coverings, equipment, plants, ice, debris, snow, water,

dirt, pets, or anything else that might restrict

the visual inspection.

B. dismantle, open or uncover any system or component.

C. enter or access any area that may, in the

inspector’s opinion, be unsafe.

D. enter crawlspaces or other areas that may be

unsafe or not readily accessible.

E. inspect underground items, such as, but not

limited to: lawn-irrigation systems, or

underground storage tanks (or indications of

their presence), whether abandoned or actively used.

F. do anything that may, in the inspector's opinion,

be unsafe or dangerous to him/herself or others,

or damage property, such as, but not limited to:

walking on roof surfaces, climbing ladders,

entering attic spaces, or negotiating with pets.

G. inspect decorative items.

H. inspect common elements or areas in multi-unit housing.

I. inspect intercoms, speaker systems or security systems.

J. offer guarantees or warranties.

K. offer or perform any engineering services.

L. offer or perform any trade or professional

service other than general home inspection.

M. research the history of the property, or report on

its potential for alteration, modification,

extendability or suitability for a specific or

proposed use for occupancy.

N. determine the age of construction or installation

of any system, structure or component of a

building, or differentiate between original

construction and subsequent additions,

improvements, renovations or replacements.

O. determine the insurability of a property.

P. perform or offer Phase 1 or environmental audits.

Q. inspect any system or component that is not included in these Standards.

NOTE: Read the complete InterNACHI SOP for more detailed information pertaining to items

that the inspector is not required to items that the inspector is not required to do.

Once you've scheduled an inspection and we've added your email address into our database, a message will be sent for you with a link to sign a personalized agreement. Should you lose the email, you can use the link below to retrieve and sign the agreement specific to your requirements.