Home Inspection Agreement
The terms below govern this Agreement.
The total fee for the combined Home Inspection and Sewer Scope is $675, which is due and payable in full at the time of booking. The stated fee does not include any qualifying discounts that may be applied at checkout.
- We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the seller’s disclosure.
- Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (“InterNACHI”), posted at www.nachi.org/sop. If your jurisdiction has adopted mandatory standards that differ from InterNACHI’s SOP, we will perform the inspection in accordance with your jurisdiction’s standards. You understand that InterNACHI’s SOP contains limitations, exceptions, and exclusions. You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not employ or supervise us.
- Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. Unless otherwise indicated in writing, we will not test for mold. Unless otherwise indicated in writing, we will not test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations. If any structure you want us to inspect is a log structure or includes 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.
- 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 from 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.
- LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damage is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee.
- We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing.
- If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.
- You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney fees incurred in defending that claim. You agree that the exclusive venue for any legal action against InterNACHI itself, allegedly arising out of this Agreement or our membership in InterNACHI, will be in Boulder County, Colorado. Before bringing any such action, you must provide InterNACHI with 30 days’ written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against us or InterNACHI, you waive trial by jury.
- If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us one year after the date of the inspection.
- If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
- You may not assign this Agreement.
- If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.
- If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
The total fee for the combined Home Inspection and Sewer Scope is $675, which is due and payable in full at the time of booking. The stated fee does not include any qualifying discounts that may be applied at checkout. A link to the Sewer Scope video will be available once the report is completed. The Sewer Scope report will be part of the Home Inspection report. Payment is due in full at the time of booking.
Your Sewer Scope Inspection and Report
The sewer scope inspection is a service add-on to the Home Inspection requested. All reporting and photos will be incorporated in the primary home inspection report with its own section. No separate report is part of the agreement.
You have requested that we conduct a Sewer Scope Inspection to inspect the property’s sewer line to evaluate its condition and to identify any components that may need immediate repair or clearing of debris.
This inspection will include accessing the sewer line and inserting a camera device or scope into it to evaluate it. The inspection process will be recorded, and a report will be generated (which will be included within the Home Inspection Report) to outline what we’ve found. We will provide you with a copy of the recording.
The report we prepare (which will be included within the Home Inspection Report) will be based on our visual observations and the data we collect from the inspection camera equipment. The inspection and evaluation are not intended to be technically exhaustive. We will provide a written Sewer Scope Inspection Report that is a summary of observations and unbiased opinions based on the experience of the inspector. The inspection is not considered complete until the written Home Inspection Report (which includes the sewer scope report) is delivered.
The Sewer Scope Inspection Report will outline and define the portions of the sewer line that were inspected, as well as any areas that were not inspected and the reasons they were not inspected, in addition to general statements of what is commonly included and excluded during such an inspection. The Sewer Scope Inspection Report, together with this Agreement, represent the final statement on the condition of the sewer line at the time of the inspection, and the final statement on what was included and/or excluded in the inspection.
No-Warranty Clause, Limitations of Liability, and Exclusions
The inspection is intended to reduce risk but cannot eliminate all risk. By initialing each statement, you acknowledge that:
Dispute Resolution
CONTACT: Should you have a complaint about the inspection prior to any alteration, repair or replacement, you agree to contact us within 30 days of the date of the inspection to permit us to evaluate the conditions which gave rise to your complaint in an effort to try to resolve them.
ARBITRATION: Except in the case of non-payment of fees, disputes which cannot be resolved informally shall proceed to binding arbitration conducted in accordance with the construction industry rules of the American Arbitration Association, except that the parties shall select an arbitrator who is familiar with the real estate inspection profession. The arbitrator shall conduct summary judgment motions and enforce full discovery rights as would a court, and shall follow the substantive rules of law, applying Colorado law. The cost of arbitration shall be shared equally.
STATUTE OF LIMITATIONS: The parties agree that no action may be brought to recover damages against us more than one year after delivery to you of the Sewer Scope Inspection Report. The party signing this Agreement represents that they have full authority to enter into this Agreement. If this Agreement is signed by a third party on behalf of the property owner, the person signing this Agreement expressly represents to us that they have the full authority to execute this Agreement on behalf of the property owner, and to fully bind the property owner to all the terms and conditions herein.
Home Inspector Lic: #26011130
Structural Pest Inspector Lic: #114810
