Can you take a look and see if I need any changes/additions? This is for the state of Virginia. I want to avoid any legal entanglements as much as possible. Thank you so much!
My LOGO here etc…
The address of the property is: ________________________________________________________________________.
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:
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INSPECTOR agrees to perform a visual inspection of the readily accessible home/building and to provide CLIENT with a written report identifying the defects that INSPECTOR both observed present at the time of the inspection and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure. Garages with living space, storage and out buildings are excluded unless made part of this agreement. Latent and concealed defects and deficiencies are excluded from the inspection.
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Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at https://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for the presence of radon - a colorless, odorless, radioactive gas that may be harmful to humans. Unless otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise indicated in a separate writing, 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, and other environmental hazards or violations. It is beyond the scope of this inspection to identify what mold like substance of organisms are. Mold like substances and insects/pests are not included in the scope of this report and any comments about mold like substances or insects/pests included are made as an informative courtesy only.
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The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss 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 misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. INSPECTOR’S 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. All warranties, express or implied, including warranties of merchant-ability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by
law. 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 an inspector to inspect and evaluate them. 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. -
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 liability 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. 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. Client/Owner Understands that pictures included in the report do not necessarily represent all of the deficiencies they depict. It is the responsibility of the Client/Owner to have qualified contractors evaluate all areas that may have the type of deficiency the picture represents. The report does not include all that may be deficient in the home/building and is a tool to help determine the condition of the property being reviewed.
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INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
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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.
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The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR’s relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.
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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 change 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. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
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Payment of the fee to INSPECTOR (less any deposit noted above) is due upon arrival of inspector to perform the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
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If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. (Re-inspection may be subject to additional fees.)
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This Agreement is not transferable or assignable.
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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.
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The parties agree and understand the Inspector is not an insurer of guarantor against defects in the structure, items, components, or systems inspected. Inspector makes no warranty, express or implied, as to the fitness for use, condition, performance, or adequacy of any inspected structure, item, component, or system.
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If Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family.
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HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.
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CLIENT understands that under the “We’ll Buy Your Home Back” program, InterNACHI purchases the home, not the INSPECTOR. INSPECTOR’s role is limited to his/her participation in the “We’ll Buy Your Home Back” program, but InterNACHI purchases the home. CLIENT understands INSPECTOR has no obligation to purchase the home under the “We’ll Buy Your Home Back” program, and CLIENT’s sole remedy for any failure to purchase the home is against InterNACHI.
Signature: __________________________ Print Name: ________________________ Date Today___//_
Signature: __________________________ Print Name: ________________________ Date Today___//_
Street Address: _____City/State/Zip
Inspector’s Signature: ________________________ Print Name: _________________ Date Today___//_
Inspector’s Address: Bay Home Inspectors, 3520 E Little Creek Rd, Suite D, Norfolk, VA 23518
See next section for additional terms, conditions and limits
Additional terms, conditions and Limitations:
A. Systems, items, and conditions which are not within the scope of building inspection include, but are not limited to: condition of systems or components not readily accessible, the remaining life of any system or component, the strength, adequacy, effectiveness, or efficiency of any system or component, the causes of any condition of deficiency, the methods, materials, or costs or corrections, future conditions including, but not limited to, failure of systems and components, the suitability of property for any specialized use, compliance with regulatory requirements (codes including the Virginia Uniform Statewide Building Code, regulations, laws, ordinances, etc.) the market value of the property or it’s marketability, the advisability of the purchase of the property, the presence of disease harmful to humans or potentially hazardous plants or animals including, but not limited to, wood destroying organisms, the presence of any environmental hazards including, but not limited to, toxins, carcinogens, noise, asbestos, lead-based paint, mold, radon, formaldehyde, lead paint, toxic or flammable materials, fungi, the effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances, the operating costs of systems or components, the acoustical properties of any system or component, the presence of components involved in manufacture’s recalls, the inspection of out buildings, sheds, fences, gates, invisible fences, other environmental hazards; pest infestation; security and fire protection systems; household appliances’ humidifiers’ paint, wallpaper and other treatments to windows, interior walls, ceilings and floors’ recreational equipment of facilities’ underground storage tanks, energy efficiency measurements’ concealed or private secured systems; water wells, heating systems accessories’ solar heating systems’ sprinkling systems’ water softener’ central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants’ governing codes, ordinances, statutes and covenants and manufacturer specifications. Client understands that these systems, items and conditions are excepted from this inspection. Any general comments about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection.
B. The report Is not a compliance inspection or certification for past or present governmental codes or regulations of any kind. The report will be due within 72 business hours after the inspection is completed barring any electrical, computer, power, or internet breakdowns or outages.
C. This inspections does not determine whether the property is insurable.
D. The Client specifically acknowledges that the Property Inspection will not and is not intended to detect, identify, disclose, or report on the presence of Chinese drywall products, inferior or defective electrical or plumbing, H VAC, or construction components or equipment or the actual or potential environmental concerns or hazards arising out of the existence of such products.
E. Client agrees to hold the company and Inspector harmless for any injury, health risk, or damages or any nature caused or contributed to by these such products.