Authorization for Home Inspection Services

SCOPE OF THE INSPECTION: The real estate inspection to be performed for
Client is a survey and basic operation of the systems and components of a building which can be reached, entered, or viewed without difficulty, moving obstructions,or requiring any action which may result in damage to the property or personalinjury to the Inspector.
The purpose of the inspection is to provide the Client with information regarding the general condition of the building(s).
Inspector will prepare and provide Client a written report for the sole use
and benefit of Client. The written report shall document any material defects
discovered in the building’s systems and components which, in the opinion of the Inspector, are safety hazards, are not functioning properly, or appear to be at the ends of their service lives.
The inspection shall be performed in accordance with the Standards of Practice
of the California Real Estate Inspection Association (CREIASM), attached hereto
and incorporated herein by reference, and is limited to those items specified
herein.
CLIENT’S DUTY: Client agrees to read the entire written report when it is
received and promptly call Inspector with any questions or concerns regarding the inspection or the written report. The written report shall be the final and exclusive findings of Inspector.
Client acknowledges that Inspector is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information which can affect Client’s purchase decision. Client agrees to obtain further evaluation of reported conditions before removing any investigation contingency and prior to the close of the transaction.
In the event Client becomes aware of a reportable condition which was not
reported by Inspector, Client agrees to promptly notify Inspector and allow
Inspector and/or Inspector’s designated representative(s) to inspect said
condition(s) prior to making any repair, alteration, or replacement. Client agrees that any failure to so notify Inspector and allow inspection is a material breach of this Agreement.
ENVIRONMENTAL CONDITIONS: Client agrees what is being contracted for is
a building inspection and not an environmental evaluation. The inspection is not intended to detect, identify, or disclose any health or environmental conditions regarding this building or property, including, but not limited to: the presence of asbestos, radon, lead, urea-formaldehyde, fungi, molds, mildew, PCBs, or other toxic, reactive, combustible, or corrosive contaminants, materials, or substances in the water, air, soil, or building materials. The Inspector is not liable for injury, health risks, or damage caused or contributed to by these conditions.
GENERAL PROVISIONS: The written report is not a substitute for any transferor’s or agent’s disclosure that may be required by law, or a substitute for Client’s independent duty to reasonably evaluate the property prior to the close of the transaction. This inspection Agreement, the real estate inspection, and the written report do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever.
No legal action or proceeding of any kind, including those sounding in tort or
contract, can be commenced against Inspector/Inspection Company or its officers, agents, or employees more than one year from the date Client discovers, or through the exercise of reasonable diligence should have discovered, the cause of action. In no event shall the time for commencement of a legal action or proceeding exceed two years from the date of the subject inspection.
THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY LAW.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors, and assigns.
This Agreement constitutes the entire integrated agreement between the
parties hereto pertaining to the subject matter hereof and may be modified only
by a written agreement signed by all of the parties hereto. No oral agreements,
understandings, or representations shall change, modify, or amend any part of this Agreement.
Each party signing this Agreement warrants and represents that he/she has the
full capacity and authority to execute this Agreement on behalf of the named
party. If this Agreement is executed on behalf of Client by any third party, the person executing this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client’s behalf and to fully and completely bind Client to all of the terms, conditions, limitations, exceptions, and exclusions of this Agreement.
SEVERABILITY: Should any provision of this Agreement be held by a court
of competent jurisdiction to be either invalid or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect, unimpaired by the court’s holding.
MEDIATION: The parties to this Agreement agree to attend, in good faith,
mediation with a retired judge or lawyer with at least 5 years of mediation
experience before any lawsuit is filed. All notices of mediation must be served in writing by return receipt requested allowing 30 days for response. If no response is forthcoming the moving party may then demand binding arbitration under the terms and provisions set forth below.
ARBITRATION: Any dispute concerning the interpretation or
enforcement of this Agreement, the inspection, the inspection report, or any other dispute arising out of this relationship, shall be resolved between the parties by binding arbitration conducted in accordance with California Law, except that the parties shall select an arbitrator who is familiar with the real estate profession. The parties agree that they shall be entitled to discovery procedures within the discretion of the arbitrator. The arbitrator shall manage and hear the case applying the laws of the State of California to all issues submitted in the arbitration proceeding. The award of the arbitrator shall be final, and a judgment may be entered on it by any court having jurisdiction. Any disputes are to be arbitrated by: Construction Arbitration Services, Inc. Client acknowledges having read and understood all the terms,conditions, and limitations of this Agreement and voluntarily
agrees to be bound thereby and to pay the fee(s) listed here.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, PLEASE READ IT CAREFULLY
STANDARD RESIDENTIAL INSPECTION AGREEMENT

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

NOTE: THIS IS A SAMPLE CONTRACT. DO NOT USE THIS CONTRACT WITHOUT HAVING AN ATTORNEY LOOK IT OVER. WE ARE NOT LIABLE IF YOU HAVE ANY PROBLEMS WITH IT.

TERMS AND CONDITIONS
THIS CONTRACT LIMITS LIABILITY

It is agreed by all that this inspection is to be performed according to the following terms and conditions:

1. COMPANY NAME will provide the Client a limited-time visual inspection of the following readily accessible and visible pertinent, major elements existing in the structure on the date of inspection: central air conditioning, central heating, interior electric, interior plumbing, foundation, basement, roofing, siding, walls, floors, ceilings, and built-in kitchen appliances. COMPANY NAME shall have no obligation to repair or replace any items found to be defective, whether or not discussed in the
COMPANY NAME written report. Conditions that may exist relating to any legal and/or public records are outside the scope of this inspection. COMPANY NAME cannot determine during the inspection that the roof leaks or is watertight; the rating is on material condition only. Further, this inspection does not cover code compliance, soil or groundwater contamination, geological, design, adequacy evaluation, or any low voltage wiring. COMPANY NAME reserves a 5% margin or tolerance. This inspection will include the above elements unless otherwise restricted by the client. At times, conditions may exist and may not have any visible signs to indicate its existence. Such items must be disclosed by the seller of the property. COMPANY NAME recommends that Client seek the advice of his legal counsel and/or real estate agent to identify items subject to disclosure in additions to those set forth in COMPANY NAME written inspection report. COMPANY NAME inspections are performed with consideration given to the age of the structure, items marked good must in all cases be considered good for the age of the item. Also, items in less than good condition must be marked as such, even though the condition may be normal for the age. Opinions vary from person to person and the report is the opinion of the inspector and must be considered as such. This report is not a mold or hazardous materials inspection.

2. Payment of the fee entitles client to one original of the written inspection report including photographs. Payment, in check, cash, or credit card, is due prior to the start of the visual inspection. The liability of COMPANY NAME is limited to the terms and conditions as set forth in this contract between COMPANY NAME and the Client. Client expressly releases COMPANY NAME from any and all claims arising out of the contract.

3. Client represents and assures COMPANY NAME that Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless COMPANY NAME from demands or claims alleging a trespass upon the premises to be inspected. It is the responsibility of the Client or Agent to ensure the utilities are on at the time of inspection. COMPANY NAME recommends checking for permits on all additional construction performed on the property after the original construction.

4. This Order Form, with its terms, conditions and disclosures, constitutes the entire agreement between COMPANY NAME and Client. Both parties agree that there is no representation, statement or agreement not set forth herein or incorporated by reference. No waiver, alteration of modification of this contract shall be valid unless it is in writing and signed by an authorized representative of both parties. This contract shall be construed and governed by the laws of the State of California. For all areas marked outside of good condition, COMPANY NAME recommends proper attention by the appropriate licensed contractor.

5. COMPANY NAME has no liability for occupied/unoccupied homes and structures, and the inspection is only good until the inspector leaves the property. Disgruntled sellers/squatters often change the condition of the property and no guarantees will be made by COMPANY NAME

6. I have read the Terms and Conditions of this inspection and accept them, and also accept the Waiver Conditions.

7. I have full authority to execute this contract. I fully understand the fact that only the original buyer on this contract shall be entitled to the information contained in the inspection report/contract.

8. Client shall be liable for COMPANY NAME attorney's fees in the event of litigation. Any negative comments/actions reflected on/towards COMPANY NAME shall be grounds for a slander-suit for defamation of character in Superior Court. The defamation of character suit shall be filed against the instigator of said comments/actions.

9. I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void.

Check the box to signify that you have read the contract terms.

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The signee's signature.

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