I have taken Internachi’s Pre inspection and Radon agreements, combined them and eliminated redundancies in the verbiage. I plan to use this agreement whenever I do both services.
Can you review for any recommended additions or deletions? Any comments will be appreciated.
SWFL Home Inspection and Services LLC
Pre Inspection and Radon Measurement Agreement
This is an Agreement between you, the undersigned Client, and us, the Inspector, pertaining to our inspection of the Property at:
The terms below govern this Agreement.
a. Residential __________
b. Radon Measurement _________
SCOPE OF INSPECTION
The purpose of the inspection is to report the general condition of the home and identify and disclose major defects and deficiencies of the inspected systems and components which existed at the time of the inspection and which are evident to the inspector upon ordinary visual observation. Minor and cosmetic defects may be listed in the report for maintenance purposes but it is not the intent, nor will the inspection report identify and list all minor and cosmetic defects.
We will perform a visual inspection of the home and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with Florida Standards of Practice (SOP). You understand that Florida’s SOP contains limitations, exceptions, and exclusions. A copy of Florida can be found at: http://flnachi.org/images/HI_SOP_1-2015_for_flnachi.pdf
INSPECTOR also agrees to perform radon measurement of the home to measure the radon level in the air by the use of an approved scintillation collection device and will require a minimum of 48 hours but may take longer. INSPECTOR shall deliver the testing device to a recognized laboratory and, upon availability of these independent results, provide CLIENT with a written radon inspection report identifying the results of such analysis.
DISCLOSURE: Radon is a colorless, odorless radioactive gas that may be harmful to humans. The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.” While any radon exposure creates some risk to health, a level of 4 pCi/L or higher is generally considered dangerous by the EPA, which recommends that remedial measures be taken to reduce or eliminate radon from the home/building.
a) Under this Agreement, INSPECTOR shall only report the results of the radon analysis to CLIENT and INSPECTOR shall in no way be responsible to correct or mitigate radon in the home/building. Whether or not the presence of radon in the home/building is detected, CLIENT shall be responsible to pay for the bargained-for radon inspection report.
b) INSPECTOR assumes no liability for inaccurate data furnished by the outside radon-testing laboratory referred to herein. CLIENT agrees to abide by certain instructions provided by INSPECTOR for the proper testing, detection and analysis of radon gas levels in the home, and INSPECTOR shall not be liable for any negligence or other interference in this regard by CLIENT or his invitees during the testing period. INSPECTOR shall not be responsible for the cost of developing or implementing a radon mitigation plan, and further shall not be liable for detection of deficiencies, whether patent or latent, not otherwise part of an independent home inspection contract with INSPECTOR, merely as a result of INSPECTOR’S presence at the home.
Unless otherwise indicated in writing, we will NOT test for the presence of 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.
Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repairpersons, 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 or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
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 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. 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. The report is only supplementary to the seller’s disclosure. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
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.
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.
Any dispute, controversy, interpretation or claim including claims for, but not limited to breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this contract or arising out of, from or related to the inspection or inspection report shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement through non-Binding mediation to be followed by final and Binging Arbitration. 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 attorney’s 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.
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 assignees. You will have no cause of action against us after one year from the date of the inspection.
Past-due fees for your inspection shall accrue interest at 8% per year. You agree to pay all costs and attorney’s 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.
If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
You may not assign this Agreement.
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.
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.
If you would like a large print version of this Agreement before signing it, you may request one by emailing us.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.
CLIENT (Print) Date CLIENT (Signature) Date
CLIENT (Print) Date CLIENT (Signature) Date