Home Inspection Scope and Agreement
HOME INSPECTION AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS AN ARBITRATION CLAUSE
I (Client) hereby request that Columbus Advanced Inspections, LLC (Company) perform a limited visual inspection of the structure at the Subject Property for my sole use and benefit. I warrant that I will read the following Home Inspection Agreement carefully. I understand that I am bound by all the terms of this contract. I further warrant that I will read the entire Home Inspection Report when I receive it and promptly call the Company with any questions I may have.
Scope of Inspection
The scope of the Home Inspection and Home Inspection Report is a limited visual inspection of the readily accessible general systems and components of the home to identify any system or component listed in the Home Inspection Report which may be in need of immediate major repair. The inspection will be performed in compliance with the Scope of Inspection, a copy of which is provided for viewing prior to and during the Home Inspection and included with the Home Inspection Report. The Scope of Inspection document shall be considered a part of this Home Inspection Agreement and use or reliance upon the Home Inspection Report indicates that the Client understands and agrees with the Scope of Inspection. If you will not be present during the inspection, please call our office to arrange for a verbal consultation with the Inspector. If you choose not to consult with the Inspector, this Company cannot be held liable for your understanding or misunderstanding of the Home Inspection Report contents.
Outside the Scope of Inspection
Any area, item, or system which is concealed or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, or any other obstruction is not included in this Home Inspection whether indicated on the Home Inspection Report as concealed/inaccessible or not. Items that are concealed/inaccessible at the time of inspection may be listed in the Home Inspection Report as a courtesy; however, this list is not comprehensive as it would not be possible to list every concealed item in the Subject Property.
The Home Inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection. Client acknowledges 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 concerns regarding the building (s) and/or adjacent property, including, but not limited to, the presence of asbestos, radon, lead, urea-formaldehyde, fungi, mold, mildew, animals, bio-organic growth, PCBs, or any other toxic materials or substances contained in the water, air, soils, or building materials or products.
Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION unless noted otherwise:
Your Inspector is a Home Inspection generalist and is not acting as a licensed engineer or expert in any construction craft or trade. The Inspector may possess licenses or certifications in related professions such as contractor, engineer, termite or mold. Client understands the Inspector is performing this inspection as a Home Inspector per industry best practices and not acting in any other professional capacity including, but not limited to, those listed above. If your Inspector recommends consulting other specialized experts, Client must do so at Client's expense, and Client is advised to do so prior to the close of transaction, if applicable. Client accepts all responsibility for failure to act on Inspector's recommendations. If there are water leaks, damage, stains or musty smells reported by the Inspector and/or detected by the Client, then the possibility for significant mold exists and the Inspector recommends evaluation by a mold specialist prior to completion of the transaction whether explicitly stated in the inspection report or not.
Confidential Report
The inspection report to be prepared for Client is solely and exclusively for Client's own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the Home Inspection Report and agrees not to disclose any part of it to any other person. Client may distribute copies of the Home Inspection Report to the seller and the real estate agents directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Home Inspection Agreement or the Home Inspection Report. Client and Company do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this Agreement or the Home Inspection Report. Client agrees to indemnify, defend, and hold the Company harmless from any third party claims arising out of Client's unauthorized distribution of the Home Inspection Report.
Severability
Client and Company agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.
Integration
This Home Inspection Agreement and separate Scope of Inspection document contains the entire integrated agreement of the parties hereto and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to this subject matter. No changes or modifications of this agreement are enforceable unless agreed to in writing signed by both parties.
Disputes
Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property, as limited herein, shall be made in writing and reported to the Company within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client's agents, employees or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a re-inspection by the Company. Client understands and agrees that any failure to notify the Company as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question. Any legal action must be initiated within one (1) year from the date of the Home Inspection. Failure to initiate said action within one (1) year of the date of the Home Inspection is a full and complete waiver of any rights, actions or causes of actions that may have arisen there from. This time period may be shorter than otherwise provided for by law. Should the Client initiate legal action against the Company and not fully prevail in such action and/or it is determined that the Home Inspection Report sufficiently apprised Client of the condition that is the Subject of the suit, the Client will be responsible for all attorneys' fees and related costs associated with the Company's defense of the matter.
Limitation on Liability and Liquidated Damages
THE COMPANY'S AND INSPECTOR'S LIABILITY FOR ANY CLAIMS MADE BY THE CLIENT ARISING OUT OF THE SUBJECT INSPECTION REPORT AND OTHER ACTIVITIES COVERED BY THIS CONTRACT IS LIMITED TO THE AMOUNT OF THE FEE PAID FOR THE INSPECTION. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATIONS, CONCEALMENT, VIOLATION OF A STATUTE, NEGLIGENCE PER SE AND ANY OTHER CLAIM BROUGHT BY CLIENT. THIS LIMITATION IS BINDING ON THE CLIENT, AND ANY ASSIGNEES, AGENTS, PRINCIPALS, SPOUSES, HEIRS AND OTHERS ACTING ON BEHALF OR THROUGH THE CLIENT AND IT APPLIES TO THE COMPANY, INSPECTOR, INSPECTOR'S AGENTS AND EMPLOYEES, AND INSPECTOR'S PRINCIPAL. The Client understands that the HOME Inspection without this limitation of liability would have to be more technically exhaustive, would likely require the services of specialists, and would cost substantially more than the fee for this Inspection.
Arbitration
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 Home Inspection or Home 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 Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION.
Agreement Acknowledgement
If the Client deems any of the Home Inspection Agreement's Terms and Conditions unacceptable, including the Company's Limitation on Liability and Liquidated Damages, Client may decline Company's services prior to commencement of the Home Inspection without any further obligation on the part of either party. By signing this Home Inspection Agreement, Client, or their authorized representative: (a) warrants that the Home Inspection Agreement and Scope of Inspection has been read carefully; (b) agrees that the Terms and Conditions of this Home Inspection Agreement are binding; and (c) acknowledges that any questions regarding the Scope of the Inspection or the Terms and Conditions of this Home Inspection Agreement have been answered to Client's satisfaction.
THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS AN ARBITRATION CLAUSE
I (Client) hereby request that Columbus Advanced Inspections, LLC (Company) perform a limited visual inspection of the structure at the Subject Property for my sole use and benefit. I warrant that I will read the following Home Inspection Agreement carefully. I understand that I am bound by all the terms of this contract. I further warrant that I will read the entire Home Inspection Report when I receive it and promptly call the Company with any questions I may have.
Scope of Inspection
The scope of the Home Inspection and Home Inspection Report is a limited visual inspection of the readily accessible general systems and components of the home to identify any system or component listed in the Home Inspection Report which may be in need of immediate major repair. The inspection will be performed in compliance with the Scope of Inspection, a copy of which is provided for viewing prior to and during the Home Inspection and included with the Home Inspection Report. The Scope of Inspection document shall be considered a part of this Home Inspection Agreement and use or reliance upon the Home Inspection Report indicates that the Client understands and agrees with the Scope of Inspection. If you will not be present during the inspection, please call our office to arrange for a verbal consultation with the Inspector. If you choose not to consult with the Inspector, this Company cannot be held liable for your understanding or misunderstanding of the Home Inspection Report contents.
Outside the Scope of Inspection
Any area, item, or system which is concealed or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, or any other obstruction is not included in this Home Inspection whether indicated on the Home Inspection Report as concealed/inaccessible or not. Items that are concealed/inaccessible at the time of inspection may be listed in the Home Inspection Report as a courtesy; however, this list is not comprehensive as it would not be possible to list every concealed item in the Subject Property.
The Home Inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection. Client acknowledges 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 concerns regarding the building (s) and/or adjacent property, including, but not limited to, the presence of asbestos, radon, lead, urea-formaldehyde, fungi, mold, mildew, animals, bio-organic growth, PCBs, or any other toxic materials or substances contained in the water, air, soils, or building materials or products.
Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION unless noted otherwise:
- Building code or zoning ordinance violations or compliance with current code requirements.
- Geological stability or soils conditions.
- Structural stability or engineering analysis.
- Termites, pests or other wood destroying organisms and related damage (unless requested).
- Asbestos, mold, fungi, bio-organic growth, radon (unless requested), formaldehyde, lead, water or air quality, electromagnetic radiation or any other environmental hazards.
- Building value appraisal or repair cost estimates and methods.
- Condition of detached buildings.
- Pools or spas and underground piping.
- Specific components noted as being excluded on the individual system inspection forms.
- Private water or private sewage systems.
- Saunas, steam baths, and their related fixtures and equipment.
- Radio-controlled devices, automatic gates, elevators, lifts, dumbwaiters and thermostatic or time clock controls.
- Water softener or purifier systems or solar heating systems.
- Furnace heat exchangers, freestanding appliances, security alarms, low-voltage signal systems (such as phone and cable television) or personal property.
- Adequacy, strength or efficiency of any system or component and causes of any deficiencies.
- Prediction of life expectancy of any item, future conditions or operating costs.
- Building permits and identification of modifications/additions
- Inside of any piping or any underground piping or components, including, but not limited to, Underground Storage Tanks.
- Advisability of purchase of the property.
- Acoustical properties of the building or any perceived noise conditions.
- Effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances.
Your Inspector is a Home Inspection generalist and is not acting as a licensed engineer or expert in any construction craft or trade. The Inspector may possess licenses or certifications in related professions such as contractor, engineer, termite or mold. Client understands the Inspector is performing this inspection as a Home Inspector per industry best practices and not acting in any other professional capacity including, but not limited to, those listed above. If your Inspector recommends consulting other specialized experts, Client must do so at Client's expense, and Client is advised to do so prior to the close of transaction, if applicable. Client accepts all responsibility for failure to act on Inspector's recommendations. If there are water leaks, damage, stains or musty smells reported by the Inspector and/or detected by the Client, then the possibility for significant mold exists and the Inspector recommends evaluation by a mold specialist prior to completion of the transaction whether explicitly stated in the inspection report or not.
Confidential Report
The inspection report to be prepared for Client is solely and exclusively for Client's own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the Home Inspection Report and agrees not to disclose any part of it to any other person. Client may distribute copies of the Home Inspection Report to the seller and the real estate agents directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Home Inspection Agreement or the Home Inspection Report. Client and Company do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this Agreement or the Home Inspection Report. Client agrees to indemnify, defend, and hold the Company harmless from any third party claims arising out of Client's unauthorized distribution of the Home Inspection Report.
Severability
Client and Company agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.
Integration
This Home Inspection Agreement and separate Scope of Inspection document contains the entire integrated agreement of the parties hereto and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to this subject matter. No changes or modifications of this agreement are enforceable unless agreed to in writing signed by both parties.
Disputes
Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property, as limited herein, shall be made in writing and reported to the Company within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client's agents, employees or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a re-inspection by the Company. Client understands and agrees that any failure to notify the Company as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question. Any legal action must be initiated within one (1) year from the date of the Home Inspection. Failure to initiate said action within one (1) year of the date of the Home Inspection is a full and complete waiver of any rights, actions or causes of actions that may have arisen there from. This time period may be shorter than otherwise provided for by law. Should the Client initiate legal action against the Company and not fully prevail in such action and/or it is determined that the Home Inspection Report sufficiently apprised Client of the condition that is the Subject of the suit, the Client will be responsible for all attorneys' fees and related costs associated with the Company's defense of the matter.
Limitation on Liability and Liquidated Damages
THE COMPANY'S AND INSPECTOR'S LIABILITY FOR ANY CLAIMS MADE BY THE CLIENT ARISING OUT OF THE SUBJECT INSPECTION REPORT AND OTHER ACTIVITIES COVERED BY THIS CONTRACT IS LIMITED TO THE AMOUNT OF THE FEE PAID FOR THE INSPECTION. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATIONS, CONCEALMENT, VIOLATION OF A STATUTE, NEGLIGENCE PER SE AND ANY OTHER CLAIM BROUGHT BY CLIENT. THIS LIMITATION IS BINDING ON THE CLIENT, AND ANY ASSIGNEES, AGENTS, PRINCIPALS, SPOUSES, HEIRS AND OTHERS ACTING ON BEHALF OR THROUGH THE CLIENT AND IT APPLIES TO THE COMPANY, INSPECTOR, INSPECTOR'S AGENTS AND EMPLOYEES, AND INSPECTOR'S PRINCIPAL. The Client understands that the HOME Inspection without this limitation of liability would have to be more technically exhaustive, would likely require the services of specialists, and would cost substantially more than the fee for this Inspection.
Arbitration
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 Home Inspection or Home 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 Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION.
Agreement Acknowledgement
If the Client deems any of the Home Inspection Agreement's Terms and Conditions unacceptable, including the Company's Limitation on Liability and Liquidated Damages, Client may decline Company's services prior to commencement of the Home Inspection without any further obligation on the part of either party. By signing this Home Inspection Agreement, Client, or their authorized representative: (a) warrants that the Home Inspection Agreement and Scope of Inspection has been read carefully; (b) agrees that the Terms and Conditions of this Home Inspection Agreement are binding; and (c) acknowledges that any questions regarding the Scope of the Inspection or the Terms and Conditions of this Home Inspection Agreement have been answered to Client's satisfaction.
