DHI home agreement ok?

DAHL House Inspection LLC.

Agreement

Inspection Company: DAHL House Inspection LLC.

Client Name: {{CLIENT_NAME}}

This is an Agreement between you, the undersigned Client, and us, the Inspector, pertaining to our inspection of the Property at:

Property Address: {{ADDRESS}}

1) The fee for our inspection is ${{PRICE}}, payable in full at a time the appointment on {{INSPECTION_DATE}}.

  1. We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the sellers disclosure.

  2. Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (InterNACHI), posted at www.nachi.org/sop. If your jurisdiction has adopted mandatory standards that differ from InterNACHIs SOP, we will perform the inspection in accordance with your jurisdictions standards. You understand that InterNACHIs SOP contains limitations, exceptions, and exclusions. You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not employ or supervise us.

  3. Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. Unless otherwise indicated in writing, we will not test for mold. Unless otherwise indicated in writing, we will not test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations. If any structure you want us to inspect is a log structure or includes log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.

  4. Due to certain access restrictions the roof access may be limited and the roof may be inspected by use of a drone. Some defects may not be visible from the drone such as hairline cracks in the shingles, granule loss, blistering, weakness in the roof decking, framing of structure. We assume no liability for any areas not directly viewed by the drone. You give me permission to operate the drone on and above your property. you agree that if the drone caused injury or property damage through no fault of ours, we are not responsible for the injury or damage.

  5. Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and 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. We disclaim all warranties, express or implied, to the fullest extent allowed by law.

  6. LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee, payable in advance.

  7. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing.

  8. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.

  9. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorneys fees incurred in defending that claim. You agree that the exclusive venue for any legal action against InterNACHI itself, allegedly arising out of this Agreement or our membership in InterNACHI, will be in Boulder County, Colorado. Before bringing any such action, you must provide InterNACHI with 30 days written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against us or InterNACHI, you waive trial by jury.

  10. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignee’s. You will have no cause of action against us after one year from the date of the inspection.

  11. Past-due fees for your inspection shall accrue interest at 8% per year. You agree to pay all costs and attorneys fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.

  12. If you request a re-inspection, the re-inspection is subject to renegotiation of cost between the Client and DAHL House Inspection.

  13. You may not assign this Agreement.

  14. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.

  15. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.

  16. Thermal imaging is a technology that allows the InterNACHI INSPECTOR to show you things about your home that no one can show you using other inspection methods. Thermal Imaging helps to diagnose the problem rather than merely identify symptoms and can sometimes , but not always, identify and document: electrical faults before they cause a fire, overloaded and undersized circuits, circuit breakers in need of immediate replacement, missing, damaged,

and or wet insulation, heat loss and air infiltration in walls, ceilings, floors, windows and doors, water and moisture intrusion that could lead to mold, possible pest infestation, hidden roof leaks, before the cause serious damage, air conditioner compressor leaks, under fastening and or missing framing members, structural defects, broken seals in double pane windows,

Energy loss and efficiency, dangerous flue leaks, damaged and/or malfunctioning radiant heating systems. Unknown plumbing leaks, overheated equipment. These color images can then be then be included in the inspection report providing supporting documentation to the report. A picture is worth a thousand words.

  1. CLIENT requests and authorizes INSPECTOR to perform a thermal imaging scan on the structure

  2. INSPECTOR’S liability for any damages alleged arising out of any aspect of the thermal imaging service shall be limited to the additional amount paid for the thermal imaging scan. CLIENT voluntarily waives any claim for consequential exemplary or incidental damages to the fullest extent allowed by law.

  3. The thermal imaging scan will be limited in scope to the equipment used by INSPECTOR. The inspection will be a non-invasive and non-destructive examination of the visible, safely and readily accessible portions of the interior and/or exterior of the structure for atypical temperature/thermal variations. NO OTHER WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING FUTURE USE HABITABILITY OPERABILITY, SUITABILTY OR MERCHANTABILITY WITH RESPECT TO THE

SUBJECT PROPERTY ARE PROVIDED.

  1. Thermal imaging services do NOT include any inspections, examinations, testing or evaluations for harmful, dangerous to toxic substances pr materials or environmental hazards including but not limited to mold, bio-aerosols, radon, lead, asbestos, non- biological airborne

Particulates, contaminants, petroleum products petrochemicals, radioactive materials, electromagnetic radiation, plant animal or insect secretions or excretions, Infrared cameras are not moisture meters but can aid in identifying areas that warrant further investigation. If INSPECTOR offers any information or opinions about any of the forgoing, this information shall be deemed to be informational only and supplied as a courtesy to the CLIENT and shall not be deemed to be an amendment to this addendum or the inspection agreement

  1. Client: agrees to indemnify and hold harmless INSPECTOR, its agents, employees, and inspectors for the presence of any harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to those listed in part 4 of this addendum as well as for any and all damages and liability for any mitigation, construction, or any other costs

Associated with the presence of any such hazards or substances or materials.

  1. If CLIENT desires to obtain information regarding the presence of any harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to those listed in part 4 of this addendum. It is solely the responsibility of the CLIENT to contact and engage the services of qualified individuals or companies that specialize in the areas of specific interest or concern.

  2. If you would like a large print version of this Agreement before signing it, you may request one by emailing us.

  3. If you elect to participate in InterNACHIs Buy-Back Guarantee Program, you will be bound by the terms you may view at www.nachi.org/buy.

I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.

Gary,
Looks like a good start. The best advice is to take your contract to your business attorney for review before you use it. He or she will make sure that it is tailored for your business structure and state.

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Nick had requested me to post them so one could look at them, in the agreement it say 's “Any modifications to this Agreement must be in writing and signed by you and by one of our authorized officers.”
I think I’m doing it right, trial and error I guess

The foundation of my inspection agreement is Nick’s (inter-NACHI’s) agreement. It is a very good agreement. However, it may need some editing/revisions to be in compliance with the laws of your state especially where your business structure is concerned (LLC, S-Corp, sole proprietor, etc.). The money that you will spend to have an attorney in your state review/revise it will be well spent.
I took the inter-NACHI agreement to my attorney and he made a few revisions to help protect me in the event that I ever have to go to court.

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Very true. In NY there are two paragraphs that the licensing law requires us to have in our agreements.

https://forum.nachi.org/t/pre-inspection-agreement-review-by-an-attorney/151605/7