This is a Sample of our Inspection Agreement:
PLEASE READ CAREFULLY BEFORE SIGNING
A BEST HOME INSPECTION AGREEMENT / CONDITIONS OF THE AGREEMENT
Inspector and Client, collectively referred to herein as The Parties understand and agree to the following conditions:
Inspector info goes here:
Client Info goes here:
Property Info, inspection date and time goes here:
1.0 The total fee for the Home Inspection and Radon Test is: $525.00
To be paid at completion of the onsite inspection or prior. Report will not be released prior to payment. Details of fee as follows: home inspection $400.00, radon test $125.00.
2.0 New York State Law Requires that the Home inspectors shall discuss the scope of the inspection with the client and only perform services which have been duly authorized by the client. INSPECTOR Agrees to perform a visual inspection of the condition of the home at the time of inspection only, and to provide CLIENT with a written inspection report identifying defects that the INSPECTOR both observed and deemed material. INSPECTOR shall be the sole owner of the report and all rights to it, a copy of which is provided to the CLIENT. The inspection report is a professional opinion based on a visual inspection of the accessible components of the home. The agreed upon inspection and report are not an exhaustive technical evaluation, (such an evaluation would cost many times more, see following paragraph); normally, only a representative number of components are inspected; and many components are hidden from view or not accessible or not included in the NY State Home Inspection Standards of Practice. For these reasons CLIENT understands that INSPECTOR ASSUMES NO LIABILITY for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future or any other damages and Client waives claim for damages of any kind, so as to enable INSPECTOR to perform the inspection at the above stated fee.
Clients initials: X____
2.1 PLEASE NOTE: Alternatively, a more exhaustive, TECHNICAL EVALUATION is available which has a base cost of $2500 to be paid up front as a deposit, in addition to all costs incurred by engineer and or professional fees that may be required. The more exhaustive TECHNICAL EVALUATION usually requires 24 to 72 hours or longer to complete and typically requires 14 days prior notice to prepare. If the chooses and would like to schedule the more exhaustive TECHNICAL EVALUATION do not sign this agreement! Contact A Best Home Inspection and a new agreement will be made.
3.0 Home inspectors are licensed by the NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in this pre-inspection agreement, Article 12 B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are not permitted to provide engineering or architectural services.; and If immediate threats to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector to disclose such immediate threats to health or safety to the property owner and/or occupants of the property; In all other cases, home inspectors shall not disclose to a third party the contents of a home inspection report or any observations, deductions, opinions that pertain to a home inspection report without the prior consent of the client or the clients representative. The INSPECTOR accepts no responsibility for use or misinterpretation of this inspection report, comments or related work, by third parties.
4.0 INSPECTOR may offer comments, written or verbal, reference articles and web links as a courtesy, such as life expectancies and maintenance recommendations, etc., but these comments, references and referrals will not comprise the bargained-for report. Please note that the inspection report is only supplementary to the Sellers Disclosure, which most often is not made available to INSPECTOR for review. Regarding “Seller’s Disclosure”, very often past tests provided in the sellers disclosure, especially radon tests, are no longer valid or representative of the current conditions in a home or building, particularly when changes or modifications have been made to the structure, insulation, or mechanical systems. We recommend that the client have their own tests conducted.
5.0. CLIENT understands that the inspection will be performed in accordance to the Home Inspection Standards of Practice of New York State, which can be viewed at: http://www.dos.ny.gov/licensing/homeinspect/hinspect_ethics.html These Standards contain certain limitations, exceptions, and exclusions including but not limited to: areas blocked or covered by snow, leaves, furniture, rugs, carpets, appliances or stored items and areas that are not accessible due to crowded closets, attic scuttles covered with loose insulation, or sealed insulation, crawl spaces, hatches or doors that are sealed, screwed, nailed or stuck shut or too small or too low and wet crawl spaces with electrical wiring present are not inspected; water or gas or oil valves that are closed off, switches that are taped over, electrical breakers that are turned off or tripped and access panels that are blocked or have insufficient clearance. Areas that are unsafe to the inspector for any reason or if damage to the property could result are not inspected. Client agrees that it is solely the home inspectors discretion to determine what constitutes an unsafe condition.
6.0 In the event of a claim against INSPECTOR, CLIENT agrees to supply the INSPECTOR with each of the following: (1) Written notification of adverse conditions within 10 days of discovery; and (2) Access to the premises.
Client agrees that failure to comply with the above conditions will release INSPECTOR and Inspectors agents from any and all obligations and liability; Client also agrees that the Inspectors liability is limited to the price paid for the home inspection alone, not to include fees for radon testing or any work in addition to the home inspection; This is the only way the Inspector can agree to provide the inspection and report for the above stated fee, Clients initials: X_____
7.0 INSPECTORS inspection of the property and the 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. No cause of action or claim shall be taken against INSPECTOR after one year from the date of the inspection.
8.0 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.
9.0 INSPECTOR does not perform engineering, architectural, plumbing, repairs or any other job function requiring an occupational license during the inspection. CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, radon gas, carbon monoxide gas and other environmental hazards or violations, except for, in part as listed below; For an additional fee, INSPECTOR may perform additional testing or inspections beyond those within the scope of the basic home inspection such as those listed below (if included will be listed in part 1.0 of this agreement). These ancillary tests, all, are limited in nature and scope.
Radon Test or Tests
Septic Load and Dye Test
Well Flow and Well Pump Test
Potable Well Water Lab Test
10.0 By signing this contract the client or clients representative agrees to pay all inspection fees stated in this agreement for said agreed upon services. Payment is due upon completion of the on-site inspection. The CLIENT agrees to pay all bank fees, legal fees, collection fees and time expenses incurred in collecting due payments for this inspection and any related ancillary testing, reports, lab fees, etc.
11.0 If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This agreement includes waivers, limitations and description on pages 1, 2, and 3, which constitutes the entire agreement between the parties. 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.
12.0 I HAVE READ, UNDERSTOOD AND AGREED TO THE ABOVE, AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. Clients electronic signature acceptance:
One electronic signature is all that is need to accept online contract; (initials not required).
END OF AGREEMENT