Ben here is my Oregon pre-inspection agreement (Contract)

Thoughts comments are greatly appreciated.

Here it is Ben, I chopped off where the signature lines are. I used the base form you have online and modified to create one for my state. I was wondering about arbitration? I don’t have that in there, however the state doesn’t require it, however do you think the insurance companies will?

The address of the property is:
Western Oregon Home Inspectio______________________________________________________________________________________________. Fee for the inspection is ____________________. INSPECTOR acknowledges receiving a deposit of ______________________ from CLIENT. THIS AGREEMENT made this _______________ day of ________________________________________________, 20, by and between __________________________________________________________ (hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows:

  1. INSPECTOR is an Oregon certified home inspector, whose certification number is _________________________, and Western Oregon Home Inspection, LLC is registered with the Oregon Construction Contractors Board.
  2. INSPECTOR agrees to perform a visual inspection of the readily visible and accessible installed systems and components, as further defined below, of the home/building and to provide CLIENT with a written report that complies with OAR 812-008-0202(2)© based on his inspection. INSPECTOR will inspect the following systems (as defined in Division 8 of OAR chapter 812): Structural Components, Exterior and Site, Roofing, Plumbing, Electrical, Heating, Central Air Conditioning, Interiors, Insulation and Ventilation, and Built-in Kitchen Appliances in the manner specified in Division 8 of OAR Chapter 812, and subject to the limitations described therein. This inspection DOES NOT include a wood destroying organism inspection. INSPECTOR may offer comments in addition to the report , but any such comments will not comprise or become a part of the report. INSPECTOR’s opinions are based only on his education, experience, and physical evidence as observed by the INSPECTOR at the time of inspection. Inspection is visual in nature and not technically exhaustive. The report is only supplementary to the seller’s disclosure.
  3. Unless not possible, INSPECTOR agrees to perform the inspection in accordance with the current Oregon Certified Home Inspector Standards of Behavior and Practice set forth in Division 8 of OAR chapter 812, which are incorporated herein by this reference. CLIENT understands that these standards contain limitations, exceptions, and exclusions, which are hereby incorporated herein. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will NOT be testing for (1) the presence of radon – a colorless, odorless, radioactive gas that may be harmful to humans; (2) for mold; or (3) compliance with applicable building codes or for the presence of potential dangers, including dangers arising from but not limited to, asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations.
  4. THIS REPORT IS INTENDED ONLY FOR THE USE OF THE PERSON PURCHASING THE HOME INSPECTION SERVICES. NO OTHER PERSON, INCLUDING A PURCHASER OF THE INSPECTED PROPERTY WHO DID NOT PURCHASE THE HOME INSPECTION SERVICES, MAY RELY UPON ANY REPRESENTATION MADE IN THE REPORT. CLIENT hereby gives INSPECTOR permission to discuss his observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or interpretation of the report by third parties, and third parties who rely on the report in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any and all liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the INSPECTOR’s 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. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for INSPECTOR to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
  5. 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 and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses 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 remedy 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 INSPECTOR 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.
  6. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in Oregon.
  7. 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.
  8. The parties agree that any litigation arising out of this Agreement shall be filed in Jackson County, Oregon. No such action may be filed unless the CLIENT has first provided INSPECTOR with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR, CLIENT waives trial by jury. In the event that any arbitration, litigation, or other action is instituted to interpret or enforce the provisions of this Agreement, or otherwise with respect to the subject matter of this Agreement, including any collection of the inspection fee, the prevailing party on an issue will be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit or action, including any appeal thereof, as is determined by the arbitrator or judge.
  9. If any court declares any provision of this Agreement invalid, 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 amendment shall be enforceable against any party unless it 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. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. If CLIENT is a corporation, LLC, or similar entity, the individual signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
  10. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.
  11. This Agreement is not transferable or assignable.
  12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.
    Western Oregon Home Inspection LLC Agreement Rev 1-1
    Copyright © 2014 Western Oregon Home Inspection LLC
  13. Additional services: The following additional special services are provided in addition to the basic services described in this agreement:

This is where the lines for signatures go and the lines for any additional things pertinent to section 13.

Thanks

Luke

Hi, Luke. My brother Nick would be better to do this. He’s always got his head into legal issues and our members. Contact him at fastreply@nachi.org

I would change the first sentence of part 4. Sometimes Agents purchase inspections for their clients.

Jeff

Agree with Jeff.

Change “person purchasing” to 'client named herein".