SAMPLE RESIDENTIAL AGREEMENT

The address of the property is: (your address)
Fee for the inspection is $$$. INSPECTOR acknowledges receiving a deposit of $$$ from jeffrey shaw. THIS AGREEMENT made this (current date) by and between Jeffrey A Shaw (hereinafter “INSPECTOR”) and the undersigned jeffrey shaw, collectively referred to herein as “the parties.” The Parties understand and voluntarily agree as follows:

The following language is suggested by the business attorney of Hawkeye Residential Home Inspection LLC
1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written 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 with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at https://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and 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 in a separate writing, 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 for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility 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 INSPECTOR (including employees and business entities) from any liability whatsoever. INSPECTOR’S inspection of the property and the 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. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by
law. If any structure or portion of any structure that is to be inspected is a log home, log structure or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them. 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.

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 and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses 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. 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 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.

6. 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.

7. 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 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. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days’ written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.

8. If any court declares any provision of this Agreement invalid, 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 shall be enforceable against any party unless it 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.

9. 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.

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

11. This Agreement is not transferable or assignable.

12. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.

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.
This is an addendum to the Agreement regarding the inspection at: (your address)

Thermal imaging is a technology that allows the InterNACHI INSPECTOR to show you things about your home that no one can show you using other inspection methods. Thermal imaging produces images of invisible heat energy emitted from objects and systems in the home and allows us to measure it. Thermal imaging helps to diagnose the problem rather than merely identify symptoms and can sometimes, but not always, identify and document: Electrical faults before they cause a fire, overloaded and undersized circuits, circuit breakers in need of immediate replacement, missing, damaged, and/or wet insulation, heat loss and air infiltration in walls, ceilings, floors, windows and doors, water and moisture intrusion that could lead to mold, possible pest infestation, hidden roof leaks, before they cause serious damage, air conditioner compressor leaks, under fastening and/or missing framing members, structural defects, broken seals in double pane windows, energy loss and efficiency, dangerous flue leaks, damaged and/or malfunctioning radiant heating systems, unknown plumbing leaks, overheated equipment. These color images can then be included in the inspection report providing supporting documentation to the report. A picture is worth a thousand words.

1. CLIENT requests and authorizes INSPECTOR to perform a thermal imaging scan on the structure at (your address)for the following purpose: locating possible water intrusion. There is no additional fee

2. INSPECTOR?s liability arising for any damages allegedly arising out of any aspect of the thermal imaging service shall be limited to the additional amount paid for the thermal imaging scan. CLIENT voluntarily waives any claim for consequential, exemplary or incidental damages to the fullest extent allowed by law.

3. The thermal imaging scan will be limited in scope to the equipment used by INSPECTOR. The inspection will be a non-invasive and non-destructive examination of the visible, safely and readily accessible portions of the interior and/or exterior of the structure for atypical temperature/thermal variations. NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING FUTURE USE, HABITABILITY, OPERABILITY, SUITABILITY, OR MERCHANTABILITY WITH RESPECT TO THE SUBJECT PROPERTY ARE PROVIDED.

4. Thermal imaging services do NOT include any inspections, examinations, testing or evaluations for harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to: mold, bio-aerosols, radon, lead, asbestos, non-biological airborne particulates, contaminants, petroleum products, petrochemicals, radioactive materials, electromagnetic radiation, plant, animal, or insect secretions or excretions. Infrared cameras are not moisture meters but can aid in identifying areas that warrant further investigation. If INSPECTOR offers any information or opinions about any of the forgoing, this information shall be deemed to be informational only and supplied as a courtesy to the CLIENT and shall not be deemed to be an amendment to this addendum or the inspection agreement.

5. CLIENT agrees to indemnify and hold harmless INSPECTOR, its agents, employees, and inspectors for the presence of any harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to those listed in part 4 of this addendum as well as for any and all damages and liability for any mitigation, construction, or any other costs associated with the presence of any such hazards or substances or materials.

6. If CLIENT desires to obtain information regarding the presence of any harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to those listed in part 4 of this addendum, it is solely the responsibility of the CLIENT to contact and engage the services of qualified individuals or companies that specialize in the areas of specific interest or concern.
7. All of the other terms of the Agreement (Inspection Contract) are incorporated herein by reference.

SAMPLE MOLD AGREEMENT

 

Mold Inspection Agreement

This is an Agreement (“Agreement”) between ________________________________________ (“INSPECTION COMPANY”) and the undersigned client (“CLIENT”), collectively referred to herein as the “PARTIES.”  CLIENT agrees to employ the INSPECTION COMPANY to perform a mold inspection as set forth herein.

1.  Address:  The address of the property to be inspected:__________________________________________________

2.  Fee:  The fee for the inspection service is $ _________________ and is based on a single visit to the property.  The inspection is not technically exhaustive.

3.  Purpose:  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.

4.  Scope:  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.   Mold can exist in inaccessible areas such as behind walls and under carpeting.  Furthermore, mold grows.   As such, the report is not a guarantee that mold does or does not exist.  The report is only indicative of the presence or absence of mold.  As a courtesy the INSPECTION COMPANY may point out conditions that contribute to mold growth but such comments are not part of the bargained for report.

5.  Report:  The CLIENT will be provided with a written report of the INSPECTION COMPANY’s visual observations and copies of the results of the laboratory analysis of the samples collected.  The INSPECTION COMPANY is not able to determine the extent or type of microbial contamination from visual observations alone.  The report will be issued only after the laboratory analysis is completed.  The report is not intended to comply with any legal obligations of disclosure.

6.  Exclusivity:  The report is intended for the sole, confidential and exclusive use and benefit of the CLIENT and the INSPECTION COMPANY has no obligation or duty to any other party.  INSPECTION COMPANY accepts no responsibility for use by third parties.  There are no third-party beneficiaries to this agreement.   This Agreement is not transferable or assignable.  Notwithstanding the foregoing, the CLIENT understands that the INSPECTION COMPANY may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern.

7.  Limitation of Liability:  It is understood that the INSPECTION COMPANY 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.  The CLIENT agrees to hold the INSPECTION COMPANY 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, or destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection.

8.  Limitations Period:  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.  The CLIENT understands that this limitation period may be shorter than the statute of limitations that would otherwise apply.

9.  Litigation:  The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County where the INSPECTION COMPANY has its principal place of business.  If INSPECTION COMPANY is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorneys fees of the INSPECTION COMPANY in defending said claims.  The CLIENT further agrees that the International Association of Certified Home Inspectors, Inc. (Association) 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 INSPECTION COMPANYs relationship with the Association must be brought only in the District Court of Boulder County, Colorado.  If the Association substantially prevails in any such action, the CLIENT shall pay all legal costs, expenses and attorneys fees of the Association in defending said claims.

10.  Severability:  If any court having jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in effect.

11.  Entire Agreement:  This Agreement represents the entire agreement between the PARTIES.  No statement or promise made by the INSPECTION COMPANY or its respective officers, agents or employees shall be binding.

CLIENT has carefully read the foregoing, understands it, and voluntarily agrees to it.

____________________________________________________________

CLIENT                                                                                                   (Date)

  • Copyright 2008 International Association of Certified Home Inspectors, Inc.
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SAMPLE RADON AGREEMENT

 

This is an Agreement between you, the (property owner) (prospective buyer), and us for radon testing at the property described below.

  1. The property is at _________________________________.
  2. You will pay us $_____ for the testing.  You must pay us in advance.
  3. We or our subcontractor will test for radon at the property to measure the radon level in the air by the use of an approved short-term charcoal collection device.  This will require a minimum of 48 hours, but may take longer.  We will then deliver the testing device to a recognized laboratory and provide you with a written report when we receive the laboratorys results.
  4. Radon is a colorless, odorless, radioactive gas that may be harmful to humans.  The amount of radon in the air is measured in picocuries of radon gas per liter of air, or pCi/L.  While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce or eliminate radon.
  5. This Agreement is for testing only.  We are not responsible for correcting or mitigating radon issues.  As a courtesy, we may offer comments related to radon mitigation, but these will not obligate us to create or implement a mitigation plan.
  6. Our report is only supplementary to the sellers disclosure.
  7. Unless otherwise inconsistent with this Agreement or not possible, we will perform the radon inspection in accordance with current industry standards.
  8. You understand that InterNACHI is not a party to this Agreement and that InterNACHI has no control over us and does not supervise us.
  9. Our report is for your use.  You grant us permission to discuss our observations and test results with real estate agents, owners, repairpersons, and other interested parties.  We are not liable for use or misinterpretation by third parties.
  10. Our inspection and report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the property.  We expressly disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law.
  11. We are not liable for any errors the laboratory makes.
  12. You will comply with our instructions for the proper testing, detection and analysis of radon gas levels in the property.  We are not liable for any negligence or other interference that you or any other person cause.
  13. This Agreement is for radon testing only.  If you want us to perform any other type of testing, you will sign a separate inspection agreement for that.
  14. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid us.  You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property.  You acknowledge that the liquidated damages are not intended as a penalty but are intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable us to perform the inspection at the stated fee.
  15. If you are the property owner, you understand that, as part of our radon testing, we or our subcontractor will leave certain equipment in your residence. If the equipment is lost, stolen, damaged, or destroyed while in your residence, you agree to pay us or our subcontractor for the cost to replace the equipment with identical new equipment.  You understand that in that situation, it would take time for to obtain new equipment and that without the equipment, we or our subcontractor will be unable to engage in radon testing and will therefore be losing income.  You agree that in this situation, you will pay us or our subcontractor $ ____ per day as liquidated damages for that lost income, in addition to the cost of replacing the equipment.
  16. If you believe you have a claim against us, you will supply us with the following within seven days of discovering your claim: (i) written notice of the claim in sufficient detail and with sufficient supporting documents that we can intelligently evaluate it; and (ii) access to the premises.  Failure to comply with these conditions is a bar to any claim or lawsuit and releases us from any liability.
  17. The exclusive venue for any action arising out of this Agreement shall be in the county where we have our principal place of business.  In any such action, you waive trial by jury.  In any such action, the court must award the prevailing party attorneys fees and costs.  You understand that any legal action against InterNACHI itself allegedly arising out of this Agreement or our relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado.  In any such action against InterNACHI, you waive trial by jury and agree that the court must award the prevailing party attorneys fees and costs.
  18. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect.  This Agreement represents our entire agreement between the parties.  All prior communications are merged into this Agreement.  There are no terms or promises other than those in this Agreement.  No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us.  Any modification to this Agreement must be in a writing signed by you and us.  This Agreement binds the successors of the parties.
  19. You will have no cause of action against us after one year from the date of the inspection.
  20. If you are a corporation, LLC, or similar entity, the person signing this Agreement on behalf of the entity personally guarantees payment of the fee by the entity.

I HAVE CAREFULLY READ THIS AGREEMENT AND I HAVE RECEIVED A COPY OF IT.  I SIGN IT VOLUNTARY, FREE OF ANY DURESS.

___________________________________________________
CLIENT                                                                      (Date)

2016 International Association of Certified Home Inspectors{{ADDRESS}}{{PRICE}}{{INSPECTION_DATE}}{{INSPECTION_TIME}}{{CURRENT_DATE}}{{CLIENT_NAME}}

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