Home Inspection Agreement Authorization

Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between Certified Inspection Agency and you. If you would like to print a copy of the home inspection agreement that you can fax, email, or bring to the inspection, click here.
For a printed copy of the Mold Agreement, click here.

Inspection Authorization and Terms, dated : *

between Certified Inspection Agency: Daniel White and : *

to inspect Address: *

Click To Read Home Inspection Agreement

Agreement:

1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed 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.

2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the International Association of Certified Home Inspectors. Although INSPECTOR agrees to follow InterNACHI's Standards of Practice, CLIENT understands that these standards contain certain limitations, exceptions, and exclusions. CLIENT also understands that InterNACHI is not a party to this Agreement and that InterNACHI 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 below, 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.

3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR's inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, functionality, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement, is a log home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. 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 that are not visible by an exterior visual inspection.

4. 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, employees, for claims or damages, costs of defense or suit, attorney's fees and expenses and payments 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 even if the CLIENT has been advised of the possibility of such damages. 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.

5. 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, employees, for claims or damages, costs of defense or suit, attorney&rsquo;s fees and expenses and payments arising out of or related to the INSPECTOR&rsquo;S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to $10,001.00, 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 even if the CLIENT has been advised of the possibility of such damages. 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.

6. 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 or noted here:

7. 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.

8. All of the other terms of the Agreement (Inspection Contract) are incorporated herein by reference.

9. 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 adverse 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.

10. If any court declares any provision of this Agreement invalid or unenforceable, 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 or modification shall be enforceable against any party unless such change or modification 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.

11. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of 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.

12. The parties agree that all sums owed to INSPECTOR will be paid to INSPECTOR at the closing on the subject property. CLIENT specifically and irrevocably authorizes and instructs the title company or closing agent to pay INSPECTOR all sums owed to INSPECTOR at the closing on the property, and CLIENT further agrees to indemnify, release, and hold harmless the title company or closing agent, their employees and agents, from any liability or claims allegedly arising out of any such distribution to INSPECTOR at closing. An invoice submitted by INSPECTOR to the title company or closing agent shall be sufficient to establish the amount to be paid to INSPECTOR at closing.

13. 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.

14. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.

15. This Agreement is not transferable or assignable.

Click To Read Mold Inspection Agreement

Mold Inspection Agreement:

Mold Inspection Agreement&nbsp;&nbsp;This is an Agreement (&quot;Agreement&quot;) between Certified Inspection Agency and the undersigned client (&quot;CLIENT&quot;), collectively referred to herein as the &quot;PARTIES.&quot;&nbsp; CLIENT agrees to employ the Certified Inspection Agency to perform a mold inspection as set forth herein.&nbsp;1.&nbsp; Address:&nbsp; The address of the property to be inspected:__________________________________________________&nbsp;2.&nbsp; Fee:&nbsp; The fee for the inspection service is based on a single visit to the property.&nbsp; The inspection is not technically exhaustive.&nbsp; The fee charged for this inspection is substantially less than that of a technically exhaustive inspection.&nbsp;3.&nbsp; Purpose:&nbsp; The purpose of the inspection is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory. &nbsp;4.&nbsp; Scope:&nbsp; The scope of the inspection is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected.&nbsp;&nbsp; Mold can exist in inaccessible areas such as behind walls and under carpeting.&nbsp; Furthermore, mold grows.&nbsp;&nbsp; As such, the report is not a guarantee that mold does or does not exist.&nbsp; The report is only indicative of the presence or absence of mold.&nbsp; As a courtesy the Certified Inspection Agency may point out conditions that contribute to mold growth but such comments are not part of the bargained for report. &nbsp;5.&nbsp; Report:&nbsp; The CLIENT will be provided with a written report of the Certified Inspection Agency's visual observations and copies of the results of the laboratory analysis of the samples collected.&nbsp; The Certified Inspection Agency is not able to determine the extent or type of microbial contamination from visual observations alone.&nbsp; The report will be issued only after the laboratory analysis is completed.&nbsp; The report is not intended to comply with any legal obligations to disclosure.&nbsp;6.&nbsp; Exclusivity:&nbsp; The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the Certified Inspection Agency has no obligation or duty to any other party.&nbsp; Certified Inspection Agency accepts no responsibility for use by third parties.&nbsp; There are no third party beneficiaries to this agreement.&nbsp;&nbsp; This Agreement is not transferable or assignable.&nbsp; Notwithstanding the foregoing, the CLIENT understands that the Certified Inspection Agency may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern.&nbsp;7.&nbsp; Limitation of Liability:&nbsp; It is understood the Certified Inspection Agency and the laboratory are not insurers and that the inspection, laboratory analysis and report shall not be construed as a guarantee or warranty of any kind.&nbsp; The CLIENT agrees to hold the Certified Inspection Agency and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection.&nbsp;8.&nbsp; Limitations Period:&nbsp; Any legal action arising out of this Agreement or its subject matter must be commenced within one year from the date of the Inspection or it shall be forever barred.&nbsp; The CLIENT understands that this limitation period may be shorter than the statute of limitations that would otherwise apply.&nbsp;9.&nbsp; Litigation:&nbsp; 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 Certified Inspection Agency has its principal place of business.&nbsp; If Certified Inspection Agency is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorney&rsquo;s fees of the Certified Inspection Agency in defending said claims.&nbsp; The CLIENT further agrees that the International Association of Certified Home Inspectors, Inc. (&ldquo;Association&rdquo;) is not a party to this Agreement, and any action against it or its officers, agents or employees allegedly arising out of this Agreement or Certified Inspection Agency&rsquo;s relationship with the Association must be brought only in the District Court of Boulder County, Colorado.&nbsp; If the Association substantially prevails in any such action, the CLIENT shall pay all legal costs, expenses and attorney&rsquo;s fees of the Association in defending said claims.&nbsp;10.&nbsp; Severability:&nbsp; If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect. &nbsp;&nbsp;11.&nbsp; Entire Agreement:&nbsp; This Agreement represents the entire agreement between the PARTIES.&nbsp; No statement or promise made by the Certified Inspection Agency or its respective officers, agents or employees shall be binding.&nbsp;CLIENT has carefully read the foregoing, understands it, and voluntarily agrees to it.

The Inspection Fee of: *

is payable PRIOR to report delivery. Thank You!:

Client Signature-Typing your name here is a legal signature: *

IP Address: *

Email Address: *

Name and Cell # and Email of your real estate agent:

Your Phone Number: *

Your Mailing Address: *

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