Attn Nick

RESIDENTIAL HOME IN SPECTION AGREEMENT PREPARED BY 661 HOMEINSPECTIONS
THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT
This agreement is between the client {{clients name here}}and 661 Home Inspections
I {{Client name here}}hereby request a limited visualinspection of the structure and basic systems plus any additional agreed uponservices at the address of {{insert address of inspection}} for my sole use andbenefit. I warrant that I will read the following agreement fully and carefully.I understand that I am bound by all the terms of this contract. I furtherwarrant that I will read the entire inspection report when I receive it andpromptly call the inspector with any questions I may have.
SCOPE OF INSPECTION
The scope of the inspection and report is a limited visual inspection of the general systems and components ofthe home to identify any system or component listed in the report which may bein need of immediate major repair***. ***
The inspection will be performed in compliance with the Internachi standardsof practice, a copy of which is available via link @https://www.nachi.org/sop.htm
Please read the Internachi standards of practice carefully and ask anyand all questions you may have before proceeding.
I certify that I have accessed the Internachi standards of practice, readit in its entirety Sign here_____________________________Date__________
This is not a home warranty, guarantee, insurance policy orsubstitute for real estate transfer disclosures which may be required by lawand in any case should be requested by you from the seller. Your inspector is ahome inspection generalist and is not acting as a licensed engineer or expertin any craft or trade. If your inspector recommends consulting otherspecialized experts, Client must do so at Client’s expense.
ARBITRATION: Any dispute concerning the interpretation ofthis agreement or arising from this inspection and report, except one forinspection fee payment, shall be resolved informally between the parties or byarbitration conducted in accordance with the rules of the recognizedarbitration association except that the parties shall select an arbitrator whois familiar with the home inspection industry. The arbitrator shall conductsummary judgment motions and enforce full discovery rights as a court would asprovided in the Code of Civil Procedure.
USE BY OTHERS: Client promises Inspector that Client hasrequested this inspection for Client’s own use only and will not disclose anypart 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 theiruse as part of this transaction only, and one copy may be provided to the realestate agent representing Client and/or a bank or other lender for use inClient’s transaction only.
ATTORNEY’S FEES: The prevailing party in any dispute arisingout of this agreement, the inspection, or report(s) shall be awarded allattorney’s fees, arbitrator fees and other related costs.
SEVERABILITY: Client and Inspector agree that should a Courtof Competent Jurisdiction determine and declare that any portion of thiscontract is void, voidable or unenforceable, the remaining provisions andportions shall remain in full force and effect.
This contract limits your rights and our liability…pleaseread carefully
DISPUTES: Client understands and agrees that any claim forfailure to accurately report the visually discernible conditions at the SubjectProperty, as limited herein, shall be made in writing and reported to theInspector 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, modificationsor repairs to the claimed discrepancy prior to a reinspection by the Inspector.Client understands and agrees that any failure to notify the Inspector asstated above shall constitute a waiver of any and all claims for said failure toaccurately report the condition in question.
Clients initials here________
LIQUIDATED DAMAGES
It is understood and agreed by and between the partieshereto that the INSPECTOR/INSPECTION COMPANY is not an insurer, that thepayment for the subject inspection is based solely on the value of the serviceprovided by the INSPECTOR/INSPECTION COMPANY in the performance of the limitedvisual inspection and production of a written inspection report as describedherein, that it is impracticable and extremely difficult to fix the actualdamages, if any, which may result from a failure to perform such services, andin case of failure to perform such services and a resulting loss, INSPECTOR/INSPECTION COMPANY’S liability hereunder shall be limited and fixed in an amountequal to the inspection fee paid multiplied by two (2), or to the sum of fivehundred dollars (500.00), whichever sum shall be less, as liquidated damages,and not as a penalty, and this liability shall be exclusive. Client(s) Initial______ _____ No legal action or proceeding of any kind, including thosesounding in tort or contract, can be commenced against Inspector/InspectionCompany, or its officers, agents or employees more than one year after the dateof the subject inspection. Time is expressly of the essence herein. This timeperiod is shorter than otherwise provided by law. The written report to be prepared by Inspector shall beconsidered the final and exclusive findings of the Inspector regarding theinspection of the property. Client shall not rely on any oral statements madeby the Inspector prior to issuance of the written report. Clients initials__________ This agreement shall be binding upon and inure to thebenefit of the parties hereto, their heirs, successors, assigns, agents andrepresentatives of any kind, what so ever. Client(s) Initial______ ______ This agreement constitutes the entire integrated agreementbetween the parties hereto pertaining to the subject matter hereof, and may bemodified only by a written agreement signed by all of the parties hereto. Nooral agreements, understandings, or representations shall change, modify, oramend any part of this agreement. Client(s) Initial______ ______ Address of inspection___________________________________________________________ Clients current address__________________________________________________________ Client(s)______________________________________________________________________ Base inspection fee______________
Additional services fees
1._____________________________
2._____________________________
3._____________________________
TOTAL INSPECTION FEE $__________

ALL inspection fees are due PRIOR to the start of theinspection and all fees are considered earned at the start of the inspection.
By signing you acknowledge that you have read, understand andagree to the scope of the inspection and agree to all terms and conditions on allpages of this contract. You also agree to pay the fees listed.
Client: ___________________________________________________Dated: ____________
Client: ___________________________________________________Dated: ____________
Inspector: ________________________________________________Dated: ____________

Nicks email is

nick@internachi.org

The agreement shouldn’t require that you put the client’s name in multiple times. Just once is enough. Use something like “undersigned Client” instead.

A pre-inspection agreement is between two parties and so you shouldn’t try to also use it as some kind of request form from one side to the other.

Why make your client agree that they WILL do something in the future? Better to have them attest that they DID read and understand it.

Why is it so important that they call you with questions? Email is much better as it creates a written record of the conversation. Read www.nachi.org/email

That’s a different definition of a home inspection than we use. I wouldn’t redefine what a home inspection in in your pre-inspection agreement.

That’s merely a statement. It doesn’t require them to read InterNACHI’s SOP.

Only have the CLIENT sign and date once. You don’t have to get them to agree to parts of an agreement separately.

This statement requires your CLIENT to consult with every specialized expert you recommend. It could be construed that you agreed to recommend certain specialized experts. Do you really want that responsibility?

Why make it easy for your CLIENT to take you to arbitration? Make them open their wallet and hire a real attorney if they want to sue you. Don’t make it easy for them to play Judge Judy.

You’ve now created a third definition of a home inspection. Now you say you have “failed” if you haven’t “accurately reported any visually discernible conditions.” That’s a horrible definition.

Anyway, pick a definition of a home inspection and stick with it.

What is a “claimed discrepancy?” A “discrepancy” is a difference between facts. If your report says that you didn’t notice any roof leaks and then a month later the roof leaks, that isn’t a discrepancy. I think you should use the word “issue.” instead.

So I was assuming this agreement was between your inspection company (a legal entity) and a CLIENT. Now you’ve added a new term “INSPECTOR” which makes the inspector a party to the client personally. That is unwise.

And you did it again.

Makes no sense. I’m not sure what you are trying to say here.

I count 5 places CLIENT has to initial. And 2 places CLIENT has to sign. And you have to enter the CLIENT’s name 3 times. Too many.

You keep repeating yourself:

Also, you keep changing things. In the first sentence you start it with the word “I…” Does that mean you or the CLIENT? Then in the second and third you use the words “Your and you.”

Best to stop that and just use the word CLIENT." For example: “CLIENT agrees that…”

Overall, it’s a mess. Where did you get it?

Nick (on FB) instructed him to post it here!