Inspection Agreement Review/Critique

atilidetzke · January 21, 2016, 4:34am

I have used this agreement for many years, I am changing company names this year and making sure everything is good to go. I plan to use ISN and have the agreement signed online.
-I had the understanding a contract had to be signed by both parties to be binding.

1)how do we get around that if it is correct?
2) Does everyone sign Mr. Inspector or the company name? (If the contract states your name they can just simply sue you and bypass the Company or am I wrong)

Thanks for any input

gromicko · January 21, 2016, 5:48am

If you can post it (no zip files) on this thread, I can critique it for you.

belliott · January 21, 2016, 6:34am

You need a copy with his signature .If both parties were required to sign it there could be no online agreements correct ?

Nick is not a Lawyer but but he did stay at a Holiday in and the only Lawyer that sometimes pops up here is Joe Ferry that I can think of.

You should have a Lawyer write your contract unless using the NACHI agreement however Nick is pretty good at this stuff.

Personally I would never come to a profession forum to ask legal questions unless it was an Attorney forum and even then you would get inaccurate answers.

Just please tell me you did not do this contract yourself.

atilidetzke · January 21, 2016, 6:52am

It is a word document and it will not let me load it into the forums. The only way it would load was in zip format. I can email it to you direct.

atilidetzke · January 21, 2016, 7:13am

No, this contract has been around the block several times.

The online signature thing has always made me scratch my head- all clients sign a hard copy- The change to on-line signatures will be nice- still trying to figure that process out.

belliott · January 21, 2016, 7:56am

Nothing to figure.Nachi has one and HIP websites templates have one.They figured it for you.Great thing about using services is they do that grunt work for you.

If you are Inspector get HIP,Join NACHI,Sign up with ISN and worry about Inspection only.NACHI has a good contract right here that I use for 10 years now.To protect yourself in a big way get E and O and subscribe to the Buy Back program then use it in your marketing.Pretty simple really.

kramm · January 21, 2016, 11:49am

Make it a PDF.

gromicko · January 21, 2016, 6:59pm

Just copy and paste it.

atilidetzke · January 21, 2016, 11:43pm

Sorry for being an idiot- PDF attached. (teenage kids do serve a purpose- showing me how to save as a PDF… un-real).

gromicko · January 22, 2016, 4:40am

Here it is:

INSPECTION AGREEMENT
(Please read both sides of contract carefully)
This AGREEMENT (items 1-10 below) made this _____ day of _______________ 20 , by and between Aggressive
Concise Examination Inspections LLC- (AKA- A.C.E. Inspections LLC), referred to as “inspector” and Client named
below. Client agrees to employ Inspector and Inspector agrees to conduct a Real Estate INSPECTION and make a written
report concerning the buildings and premises at:
Client (s)______________________________ Date ___________ Scheduled Time ________
Address __________________________________ Property ______________________________
__________________________________ Inspected ______________________________
Phone (H) ______________ (C) ______________ Fee(s) _________________________________
CLIENT ACCEPTANCE State Licensed Inspector: Anthony Tilidetzke
By: ______________________________________ By: _____________________________
Client Signature N95W25051 Norwauk rd., Colgate, Wi. 53017
______________________________________ (414) 581-2233
E-Mail

Purpose and Scope: The object of this inspection is to provide a professional, good faith opinion of the apparent condition of
structures and systems of the residential real estate described above, on the date and the time of observation. The inspection and
report will conform to the current standards of practice set forth in Chapter 440 of the Wisconsin statutes and the administrative rules
applying to the chapter. Home Inspections is regulated in Wisconsin and thus many parts of this agreement will refer to this statute.
The inspection is designed and intended to detect observable conditions of an improvement to residential real property, subject to
certain limitations. The inspection will cover all areas as required under Wisconsin Chapter 440 and its administrative rules.
The inspection is not technically exhaustive. This inspection does not cover any latent defects or defects not reasonably
observable during the inspection, including but not limited to, recent repairs, paint or covering that may conceal current or prior
defects, whether deliberately concealed or otherwise. The inspection will not and cannot alert Inspector or the Client to conditions of
the structure that are concealed, not readily accessible, or would require cleaning, alteration, excavation, or destructive testing. The
Client understands that the Inspector will not dig, probe, dismantle equipment, or remove permanent materials or items that would be
damaged by such, nor will Inspector enter unsafe or inaccessible areas to perform the inspection. Other limitations encountered during
the inspections may be noted in the report itself.

Exclusions and Limitations: The following areas are excluded from the inspection under this contract:
 Calculating the strength, adequacy or efficiency of an improvement to residential real property or a component of an improvement
to residential real property;
 Entering any area or performing any procedure that may damage an improvement to residential real property or a component of
an improvement to real property, or entering any area or performing any procedure that may be dangerous to the home inspector
or other persons;
 Operating any component of an improvement to residential real property that is inoperable;
 Operating any component of an improvement to residential real property that does not respond to normal operating controls;
 Disturbing insulation or moving personal items, furniture, equipment, vegetation, soil, snow, ice, or debris that obstructs access to
or visibility of an improvement to residential real property;
 Determining the effectiveness of a component of an improvement to residential real property;
 Predicting future conditions, including the failure of a component of an improvement to residential real property;
 Projecting or estimating the operating costs of a component of an improvement to residential real property;
 Evaluating acoustic characteristics of a component of an improvement to residential real property;
 Inspecting for the presence or absence of pests, including rodents, insects and wood damaging organisms;
 Inspecting cosmetic items, underground items, or items not permanently installed;
 Inspecting for the presence of any hazardous substances;
 Disassembling any component of an improvement to residential real property, except for removing access panel that is normally
removed by an occupant of real property.
The inspection also excludes opinions on:
 The life expectancy of an improvement;
 Causes for needing major repairs;
 The methods, materials, or cost of making repairs or corrections;
 The suitability of improvements or components of improvements for a specialized use;
 The presence of mold, the type of mold, potential locations of mold or effects of mold.
The Client agrees that the purpose of this home inspection is an attempt to prevent Client from incurring unnecessary or unexpected costs to repair
the building. The purpose of the home inspection is not to reduce the risk or likelihood of personal or bodily injury. Client therefore agrees not to sue
inspector for bodily or personal injury.

Warranty: No warranties or guarantees are expressed or implied as a result of this inspection. The inspection report is valid only for the day
and time of the inspection; building systems can develop problems at the most unexpected times or even on the day of the inspection. The Inspector
is providing no guarantee or warranty. The Client recognizes that there is NO REPRESENTATION OF WARRANTY OR GUARANTEE OF
EXPECTED OR REMAINING FUTURE LIFE FOR ITEMS INSPECTED. The inspection and report is not an insurance policy. Client agrees to
arrange the purchase of such insurance policy from others if Client so desires.

Confidential Agreement: Client agrees not to provide inspection report to any third party without the permission of the Inspector. In the event
that Client provides home inspection report to a third party without the permission of the inspector and the third party relies on the inspection report,
client agrees to indemnify and hold harmless inspector from any claims made by the third party and reasonable attorney fees.

Dispute Resolution Forum: Inspector and Client (and any other person claiming to have relied upon the inspection report) specifically agree
that any controversy or claim arising out of or relating to the inspection under this contract, or breach thereof, shall be resolved exclusively by
arbitration in Dispute Resolution Program, as in effect on the date such controversy or claim arises, which is currently administered by Resolute
Systems, Inc., subject to the applicable Wisconsin Statutes and the Administrative Rules. Client retains the right to report home inspection problems
to the Wisconsin Department of Regulation and Licensing. Information about the Program, including costs, fees, Rules and Procedures are available
through:
Resolute Systems, Inc.
1550 North Prospect Avenue, Milwaukee, WI 53202
Phone: (414) 276-4774, ext. 124 toll-free (800) 776-6060, ext. 124 Fax: (414) 270-0932
Website: ResoluteSystems.com
If the Client feels that there was some deficiency or flaw in the inspection, he/she shall contact the Inspector and meet at the property. The purpose of
this meeting is to discuss the problem and to allow the Inspector a chance to observe the problem firsthand, as it was discovered, without alteration or
repair. If you have a problem with the inspection, call the Inspector right away.

Governing Law and Severability of Provisions: Wisconsin law shall govern this agreement. If any term or condition of this agreement is held
to be invalid or unenforceable, the remainder of the terms and conditions herein shall not be affected thereby and shall remain valid and enforceable.
Titles to paragraphs are for reference only.

Entire Agreement: This Agreement contains the entire understanding between the Inspector and the Client. There are no other representations,
warranties, or commitments, expressed or implied, except as are specifically set forth herein. This Agreement supersedes any and all representation
or discussion, whether oral or written, if any, among the parties relating to the subject matter of this Agreement. This Agreement may be modified,
altered or amended only by a writing signed by the Inspector and the Client.

If the client is married, client represents that this obligation is a family obligation incurred in the interest of the family.

Client understands the inspector will provide a written report via e-mail, if requested a printed report will be delivered to the client. The client also
releases a copy of the report to other parties involved in the transaction such as real estate agents, sellers or attorneys. The report is property of the
client, other persons or groups utilizing the report cannot hold inspector liable. In the event the client does not want other parties to obtain a copy the
inspector should be notified in writing on this form, signed both by inspector and client.

Any additional agreements are to be written in the space below and signed by both the inspector and client. Recommendations within the
provided report and other any exclusions or information within the report should be utilized during negotiations and decision making of the
transaction and held enforceable as an exclusion or limitation.

gromicko · January 22, 2016, 4:42am

It would be nice if you could get it down to a 1-page contract.

Also, you titled the document “agreement” but then refer to it next as a “contract.” I would pick one.

gromicko · January 22, 2016, 4:43am

And then you went back to calling it an agreement.

gromicko · January 22, 2016, 4:43am

And then you went back to calling it a contract.

gromicko · January 22, 2016, 4:49am

You capitalized the first letter of Client but not inspector. I’d make them both all capitalized.

Also, throughout the document you refer to inspector more than 20 times, about 1/2 the time you capitalize the first letter, about 1/2 the time you don’t, and at least once you use the term “home inspector.” Pick one and make the entire document consistent.

gromicko · January 22, 2016, 4:53am

What is a “Real Estate INSPECTION?” Why is INSPECTION completely capitalized? In a legal contract, you normally reserve that for a term previously defined.

Also, a “Real Estate INSPECTION” isn’t a home inspection because a home inspection includes a written report and your statement makes it clear that a written report is also included, implying that a “Real Estate INSPECTION” does not come with a report, so it can’t be a home inspection.

gromicko · January 22, 2016, 4:55am

Why is your signature section near the top of the document before the client has even read it? Move it to the bottom like every other contract in the world.

gromicko · January 22, 2016, 4:57am

I think you meant “objective” not “object.”

gromicko · January 22, 2016, 4:59am

Change “is” to “are.”

gromicko · January 22, 2016, 5:02am

Remove “under this contract” from that sentence. Not needed.

gromicko · January 22, 2016, 5:08am

First, that isn’t necessarily the purpose of a home inspection. The client may be hiring you to help decide if he/she should purchase the home.

Also, you refer to the inspection as a “home inspection” after originally referring to it as a “Real Estate Inspection” in the beginning of the document. Then in the same sentence you refer to the home as a “building” (last word of the sentence.) Make up your mind. Is it real estate, a home, or a building?