Home Inspection Agreement

 

This is an Agreement between you, the undersigned (“Client”), and The Right Move Inspections LLC hereafter (”us/we and/or Inspector”), pertaining to our inspection of the Property at:                                                               The terms below govern this Agreement.

  1. The fee for our inspection is $              payable [in full/ in part at $    at a time (before / after] the appointment.
  2. We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (I) observed and (2) deemed material. The report is only supplementary to the seller’s disclosure.
  3. 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.or /so . If your jurisdiction has adopted mandatory standards that differ from InterNACHI’s SOP, we will perform the inspection in accordance with your jurisdiction’s standards. You understand that InterNACHI’s 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.
  4. 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.
  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 shall indemnify and hold us harmless from any liability and agree to pay our costs, expenses and legal fees in reviewing and defending any such action or threatened action. 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, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE 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, Client acknowledges that our liability, for claims for damages arising out of or related to Inspector’s negligence or breach of contract, is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for incidental, consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that the liquidated damages are 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. Future basement and/or crawl space flooding or sewer backup is impossible to predict and is not part of this inspection.
  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. Any claim arising out of or related to any act or omission of Inspector in connection with the inspection of the property shall be made in writing and reported to us within seven (7) days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and Client shall provide immediate access to the premises in order to re-inspect the issue giving rise to the claim. Failure to comply with these conditions’ releases will serve as a waiver of your claim and shall release us from liability.
  9. You agree that this agreement shall be governed by the laws of the State of Ohio, excluding any conflict of law principals and that the exclusive venue for any litigation arising out of this Agreement shall be in the courts of Portage County, Ohio 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.
  10. If a court declares any provision of this Agreement invalid, the remaining provisions shall not be affected and will 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 (1) 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 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.
  12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
  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. The parties acknowledge that each of them has had ample opportunity for their counsel to participate in negotiating and drafting this Agreement and therefore no rule of construction shall apply to this Agreement that construes ambiguous or unclear language against any party.
  16. 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.

I HAVE CAREFULLY READ THIS AGREEMENT, ACCEPT THE TERMS AND CONDITIONS ABOVE, AND ACKNOWLEDGE RECEIVING A COPY OF IT.

CLIENT                                                                                     _(Date)                                      

CLIENT                                                                                       (Date)         __________