"Home Inspection Contract Form"

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The owners name is: __________________________________________________________
The address of the property is: _____________________________________________________
City:___________________________ State: ________________________ Zip:_____________
Fee for the home inspection is $____________ INSPECTOR acknowledges receiving a deposit
of $_________________from CLIENT.
THIS AGREEMENT made on Date: _______________ 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. CLIENT understands that these standards contain
certain limitations, exceptions, and exclusions.
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.
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
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The owners name is: __________________________________________________________
The address of the property is: _____________________________________________________
City:___________________________ State: ________________________ Zip:_____________
Fee for the home inspection is $____________ INSPECTOR acknowledges receiving a deposit
of $_________________from CLIENT.
THIS AGREEMENT made on Date: _______________ 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. CLIENT understands that these standards contain
certain limitations, exceptions, and exclusions.
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.
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.
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.
10. 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 claims by reason 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.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND
ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
___________________________________
___________________________________
FOR INSPECTOR
CLIENT OR REPRESENTATIVE
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