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Inspection Services Inspection Agreement

The address of the property is: _______________________________________________________ (hereinafter, “Premises”).

THIS AGREEMENT is made this ______________ by and between ____________ (hereinafter "Inspector") and the undersigned (hereinafter "Client").  Inspector and Client are collectively referred to herein as "The Parties".  The fee for the inspection services to be provided is $_____________ (hereinafter, “Inspection Fee”).  The Parties hereby knowingly and voluntarily agree as follows:

  1. Inspector agrees to perform a visual inspection of the Premises and to provide Client with a written “Inspection Report” identifying those defects that the Inspector both observes and deems material. The Inspection Report is to supplement and not to supplant the Seller’s Real Property Disclosure Form” to be provided to Client by the seller(s) of the Premises pursuant to Nevada Revised Statute § 113.130.  Client shall provide a copy of the Seller’s Real Property Disclosure Form to the Inspector prior to inspection of the Premises.

  1. The Inspector shall utilize his “best efforts” to cause the Inspection Report to identify and describe the visual observations of the Inspector’s examination of the Premises including the systems and components thereof.  Should a noteworthy physical condition be observed and identified by the Inspector with a warning, notice or recommendation for evaluation by a third-party “Contractor", “Qualified Professional” or “Qualified Technician”, the Client shall retain the third-party to perform the enhanced scope of inquiry, repair or service as the scope of the Inspector’s work is limited as described herein.  The Inspection Report is not intended to warrant the structure of the Premises or any system or component thereof from defects that are not identified in the Inspection Report as omissions may be pursuant to Article 17 hereof.

  1. The Inspection Report is not intended to give a valuation of the Premises.  The Inspection Report may provide warnings, notices or recommendations for the repair, replacement or servicing of systems and components.  The Inspector will not provide a cost estimate for the scope of the work identified in the warning, notice or recommendation.  Should the Inspector provide a warning, notice or recommendation for the repair, replacement or servicing of a system or component of the Premises, the Client shall have the duty to retain a third-party “Contractor", “Qualified Professional” or “Qualified Technician” to perform the enhanced scope of inquiry, repair or service as the Inspector’s scope of work is limited as described herein.

  1. The Client understands and agrees that the Inspection Report when drafted shall incorporate by reference as if set forth in full the provisions of this Inspection Services Inspection Agreement such that both documents shall constitute one and the same Inspection Services Inspection Agreement between The Parties.  This is essential as the Inspection Report may contain notices and warnings to the Client of issues that the Client shall have a duty to undertake to investigate further, as well as, to correct or cause to be corrected by the seller(s) prior to the close of escrow.  This Inspection Services Inspection Agreement must be read, unequivocally accepted, digitally executed and paid for by the Client prior to the Client having access to the Inspection Report.

  1. The contents of the Inspection Report including personal opinions of the Inspector are for informational purposes only and should not be construed as advice to the Client to purchase, not purchase or act in any way regarding the Premises.

  1. Items that are systems and components to be inspected must be “readily accessible”, meaning the item being inspected must be accessible without the Inspector having to:  (a) move furniture or other items;  (b) Damage painted finishes;  (c) Fit into an area or opening that is less than 18 inches by 24 inches;  (d) Use a ladder that extends to more than 12 feet in height to reach the item; or, (e) Use a tool to open a system or component the item is within.  Items so situated are excluded from the Inspection Report.

  1. The Inspector does not enter attic spaces with less than 5ft of head clearance or inspect for insurability.

  1. Any areas of the Premises that are not visible, or concealed at the time of the inspection due to wall covering, floor covering, ceilings, fixtures, appliances, furnishings, soils, vegetation, landscaping, debris, or any additional visual obstruction not listed, will be excluded from the Inspection Report.

  1. The Client agrees to assume the risk for any and all conditions concealed from view at the time of the inspection.

  1. Items that are determined to be cosmetic or decorative in nature to the Premises are outside the scope of the inspection.

  1. The Client agrees to be responsible for reviewing the contents of the Inspection Report and failure to do so does not mean the information pertaining to the Premises was not disclosed by the Inspector.  Where the Inspector provides comments, the Client shall be responsible for acting on the information provided.

  1. Items noted in the Inspection Report reflect conditions of the Premises present at the time of the inspection.  Inspector shall not be responsible for changes to the condition of the Premises, or the systems and components thereof from the date of the inspection to the date of occupancy by the new resident whether caused by the seller(s), utility companies, vandalism, nature, or any other affect.

  1. It is hereby agreed that, if within fourteen (14) calendar days from the date of the inspection the Client discovers that an aspect of the Inspection Report is incorrect, incomplete or in error requiring correction, the Client shall notify the Inspector before any corrective measures are undertaken; and, to allow Inspector to reinspect the suspected problem at no cost to the Client.  Subject to the Liquidated Damages provisions that limit the liability of Inspector contained in Article 14 below, should the Inspector determine in the exercise of Inspector’s sole discretion that the aspect identified by the Client in the Inspection Report was in error requiring correction, the Client agrees to allow the contractor of the Inspector’s choosing to make reasonable corrections to the aspect at no cost to the Client, or at the Inspector’s option, the Inspector may refund the amount of the Inspection Fee to the Client in full satisfaction of any and all harm caused by the Inspector’s errors and omissions.  The Client shall not initiate any corrections on their own behalf in advance thereof; and, shall not institute arbitration or civil action except to enforce their rights under Article 14 below, the provisions of this Article and Article 14 being the sole remedy of Client in the event of Inspector having committed a material error or omission that results in harm to the Client.  If there is a conflict regarding wording of the Inspection Report in possession of the Client and the Inspection Report in the possession of the Inspector, the Inspection Report held in the possession of Homegauge.com shall control. 

  1. Client hereby agrees that the Inspector is not an insurer of the Premises, its systems, or components.  The Inspection Fee is based solely on the value of the service provided by the Inspector in the performance of a limited visual inspection of the Premises and production of an Inspection Report to supplement and not to supplant the Seller’s Real Property Disclosure Form.  In the event that the Inspector makes an error or omission it is impracticable and extremely difficult to fix the actual damages, if any, which may result therefrom.  As a result, it is hereby agreed that the Inspector, his business entities, agents and employees shall have limited liability fixed to a maximum amount equal to one hundred percent (100%) of the Inspection Fee, as a reasonable and exclusive remedy of liquidated damages as a good faith estimate of the harm that may result therefrom.

  1. After the passage of fourteen (14) calendar days from the date of the inspection, the Inspection Report shall be conclusively deemed to be factually accurate and free of defect.

  1. Homegauge.com shall be a third-party escrow to store this Inspection Services Inspection Agreement for the Client to execute; the Invoice for the Inspection Fee paid; and, to be the repository of the Inspection Report that the Client may access only upon execution of this Inspection Services Inspection Agreement to be incorporated by reference into the Inspection Report.

  1. The following items are outside the scope of the inspection and shall not be included in the Inspection Report:
  • Building Permit Validations; Building Code or Zoning Ordinance Violations;
  • Geological Stability or Soil Conditions;
  • Structural Stability or Engineering Analysis;
  • Termites, Pests, or Wood Destroying Organisms;
  • Electromagnetic Radiation;
  • The Presence of Mold, Dry Rot and/or Fungus;
  • Building Value Appraisal or Cost Estimates;
  • Condition of Detached Buildings;
  • Underground Storage Tanks, Water Conditioners, Water Softener/Purifier Systems;
  • Solar Heating Systems;
  • Pool or Spa Bodies and Underground Piping;
  • Sauna, steam bath, or Associated Fixtures and Equipment;
  • Fire Sprinkler Systems;
  • Private Water or Sewage Systems;
  • Radio Controlled Devices, Automatic Gates, Elevators, Lifts, and Dumbwaiters;
  • Thermostatic or Time Clock Controls, Photoelectric Controls;
  • Alarm Systems and Intercom Systems;
  • Freestanding Appliances;
  • Window Coverings;
  • Landscaping, Condition and/or Irrigation of Trees, Shrubs, Flowers or Vegetation;
  • Personal Property;
  • Central Vacuum Systems;
  • Low Voltage Data or Audio Systems, Low Voltage Lighting Systems;
  • Latent or Concealed Defects;
  • Asbestos, Toxins, Mycotoxins, Carbon Monoxide, Formaldehyde, Radon, Lead, Toxic or Flammable Chemicals, Carcinogens, Water or Air Quality, or Any Other Environmental Hazards;
  • (Certain Items Listed Above May be Included in the Inspection for an Additional Fee).

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.

_____________________________

Inspector of Structures Residential

_____________________________

Inspector


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Last modified: April 06, 2013