This Home Inspection Agreement (“Agreement”) is entered into on this ____ day of _____________, 20__, by and between ________________, (“Client”), and RC Inspect, LLC, a Texas Limited Liability corporation, (“Inspector”), pertaining to inspection of the home/building located at:_____________________________________________. Client and Inspector agree that the terms set forth below govern this Agreement.
1. The fee for our inspection is $__________, payable in full at a time before the appointment.
2. Inspector will perform a visual inspection of the home/building and provide Client with a written report identifying any and all defects that we (1) 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, Inspector 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.org/sop. If Client’s jurisdiction has adopted mandatory standards that differ from InterNACHI’s SOP, Inspector will perform the inspection in accordance with Client’s jurisdictional standards. Client understands that InterNACHI’s SOP contains limitations, exceptions, and exclusions. Client further understands that InterNACHI is not a party to this Agreement, has no control over Inspector, and does not employ or supervise Inspector.
4. Unless otherwise indicated in writing, Client understands and agrees that Inspector will NOT test for the following: presence of radon, a harmful gas; mold; 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 Client wants Inspector to inspect is a log structure or includes log construction, Client understands that such structures have unique characteristics that may make it impossible for Inspector to inspect and evaluate them. Therefore, the scope of Inspector’s inspection will NOT include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
5. Inspector’s inspection and report are for Client’s use only. Client gives Inspector permission to discuss their observations with real estate agents, owners, repair persons, or other interested parties. Client will be the sole owner of the report and all rights to it. Client understands and agrees that Inspector is not responsible for use or misinterpretation by third parties, and third parties who rely on the report in any way do so at their own risk and release Inspector (including employees and business entities) from any liability whatsoever. If Client or any person acting on Client’s behalf provide the report to a third party who then sues Client and/or Inspector, Client agrees to defend and indemnify Inspector from any and all claims and/or liability, including but not limited to personal injury, property damage, loss of use, loss of profits, business interruption, diminution of value, and agrees to pay all costs and legal fees in defending any action brought against Inspector. Inspector’s inspection and report are not a guarantee or warranty, whether express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Inspector disclaims any and all warranties, express or implied, to the fullest extent allowed by law.
6. LIMITATION ON LIABILITY AND DAMAGES. Inspector assumes no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, Inspector’s liability is limited to liquidated damages. Client expressly agrees to waive any and all claims for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. If Client wants to eliminate this limited damages provision, Inspector will perform its inspection at an increased fee in the amount of $______, payable in advance.
7. Inspector does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If Inspector holds a valid occupational license, Inspector may inform Client of such license and Client may hire Inspector to perform additional functions, which shall be in a separate writing.
8. In the event Client wants to pursue a claim against Inspector arising from any act or omission under this Agreement, Client must provide Inspector with written notification of the claim in sufficient detail and with sufficient supporting documents that Inspector can ascertain and evaluate the claim; and allow Inspector immediate access to the Property. Client shall provide the requisite written notice to Inspector within seven (7) days of discovering the claim(s). Failure of Client to comply with these conditions releases Inspector from any and all liability.
9. Client agrees that the exclusive venue for any litigation arising out of this Agreement shall be in the state and federal courts of Montgomery County, Texas. If Client fails to prove any claim against Inspector, Client agrees to pay all our legal costs, expenses and attorney’s fees incurred in defending that claim. Client agrees that the exclusive venue for any legal action against InterNACHI itself, allegedly arising out of this Agreement or Inspector’s membership in InterNACHI, will be in Boulder County, Colorado. Before bringing any such action, Client must provide InterNACHI with thirty (30) days written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against Inspector or InterNACHI, Client understands and agrees to waive trial by jury.
10. If a court declares any provision of this Agreement invalid, the remaining provisions shall 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 Inspector shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement shall be in writing and signed by Inspector 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. Client understands and agrees that he/she will have no cause of action against Inspector after one (1) year from the date of inspection.
11. Past-due fees for Client’s inspection shall accrue interest at 8% per year. Client agrees to pay all costs and attorney’s fees Inspector incurs in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, Client personally guarantees payment of the fee.
12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
13. Client 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 Inspector by reason of the rule that any ambiguity in a document is construed against the party drafting it. Client has the opportunity to consult qualified counsel before signing this.
15. If there is more than one Client, you are signing on behalf of all of them, and represent that you are authorized to do so.
16. If you would like a large print version of this Agreement before signing it, Client may request one by emailing Inspector.
17. If your inspector participates in InterNACHI’s Buy-Back Guarantee Program, Client will be bound by the terms you may view at www.nachi.org/buy.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.