Sample Contract


I (Client) hereby request a limited visual inspection of the structure at the above address to be conducted by Fireside Home Inspection, LLC for my sole use and benefit. I warrant that I will read the following agreement carefully. I understand that I am bound by all the terms of this contract.

SCOPE OF INSPECTION
The scope of the inspection and report is a limited visual inspection of the general systems and components of the home to identify any system or component listed in the report which may be in need of immediate major repair. The inspection will be performed in compliance with generally accepted standards of practice, a copy of which is available upon request or included with this report. The scope of the inspection is limited to the items listed within the report pages shown on the bottom of page 2

OUTSIDE THE SCOPE OF THE INSPECTION
Any area which is not exposed to view, is concealed, or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing, or any other thing is not included in this inspection.
The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection.
This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures which may be required by law.
Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION:
Building code or zoning ordinance violations.
Geological stability or soils condition.
Structural stability or engineering analysis.
Termites, pests or other wood destroying organisms.
Asbestos, radon, formaldehyde, lead, water or air quality, electromagnetic radiation or any environmental hazards.
Building value appraisal or cost estimates.
Condition of detached buildings.
Pools or spas bodies and underground piping.
Specific components noted as being excluded on the individual system inspection forms.
Private water or private sewage systems.
Saunas, steam baths, or fixtures and equipment.
Radio-controlled devices, automatic gates, elevators, lifts,
dumbwaiters and thermostatic or time clock controls.
Water softener / purifier systems or solar heating systems.
Furnace heat exchangers, freestanding appliances, security alarms or personal property
Adequacy or efficiency of any system or component.
Prediction of life expectancy of any item.

(Some of the above items may be included in this inspection for additional fees - check with your inspector)

Your inspector is a home inspection generalist and is not acting as a licensed engineer or expert in any craft or trade. If your inspector recommends consulting other specialized experts, client must do so at client's expense.

I have read and agree to the above Scope of Inspection.

ARBITRATION: Any dispute concerning the interpretation of this agreement or arising from this inspection and report, except one for inspection fee payment, shall be resolved informally between the parties or by arbitration conducted in accordance with the rules of the recognized Arbitration Association except that the parties shall select an arbitrator who is familiar with the home inspection industry. The Arbitrator shall conduct summary judgment motions and enforce full discovery rights as a court would as provided in civil proceeding by legal code.

 


USE BY OTHERS:
Client promises inspector that Client has requested the inspection for Client's own use only and will not disclose any part of the inspection report to any other person with these exceptions ONLY: one copy
may be provided to the current seller(s) of the property for their use as part of this transaction only, and one copy may be provided to the real estate agent representing Client and/or a bank or other lender for use in Client's transaction only.
ATTORNEY'S FEES: The prevailing party in any dispute arising out of this agreement, the inspection, or report(s) shall be awarded all attorney's fees, arbitrator and other costs.
SEVERABILITY: Client and Inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.
DISPUTES: Client understands and agrees that any claim for failure to accurately report the visually discernable conditions at the Subject Property, as limited herein above, shall be made in writing and reported to the inspector within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client's agents, employees or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a reinspection by the Inspector. Client understands and agrees that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.

LIMITATION ON LIABILITY

INSPECTOR'S LIABILITY FOR MISTAKES OR OMISSIONS IN THIS INSPECTION REPORT IS LIMITED TO A REFUND OF THE FEE PAID FOR THIS INSPECTION AND REPORT. THE LIABILITY OF INSPECTOR'S PRINCIPALS, AGENTS AND EMPLOYEES IS ALSO LIMITED TO THE FEE PAID. THIS LIMITATION APPLIES TO ANYONE WHO IS DAMAGED OR HAS TO PAY EXPENSES OF ANY KIND BECAUSE OF MISTAKES OR OMISSIONS IN THIS INSPECTION REPORT. THIS LIABILITY LIMITATION IS BINDING ON CLIENT AND CLIENT'S SPOUSES, HEIRS, PRINCIPALS, ASSIGNS AND ANYONE ELSE WHO MAY OTHERWISE CLAIM THROUGH CLIENT. CLIENT ASSUMES THE RISK OF ALL LOSSES GREATER THAN THE FEE PAID FOR THE INSPECTION. CLIENT AGREES TO IMMEDIATELY ACCEPT A REFUND OF THE FEE AS FULL SETTLEMENT OF ANY AND ALL CLAIMS WHICH MAY EVER ARISE FROM THIS INSPECTION

PERMITS
____I do NOT agree____ I do agree to pay an additional fee of $____ for inspector to research and provide all building permits that appear on the municipal records for the above property.


LIMITED LIABILITY INSPECTION FEE $.
__________INSPECTION FEE $
____________________FEE $
PERMIT RESEARCH FEE $
TOTAL INSPECTION FEE $