STANDARD AGREEMENT AND TERMS FOR INSPECTION
address of the property is: ______________________________________________________________________Fee for the inspection is
This agreement made this _______day of ____________, 2019, by and between Douglas Inspection Service, LLC
(hereinafter “inspector”) and __________________________________________ (hereinafter
“client”), collectively referred to herein as “the parties.”
The parties understand and voluntarily agree as follows:
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 http://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.
1. The purpose and scope of this inspection is to observe, evaluate and report on certain conditions of the building
including, but not limited to, the following:
a. Above grade (visible) foundations and exterior walls.
Roof coverings, visible trusses, fascia and soffit materials and associated trim members.
i. Tile roofing systems are not included in our inspection process
and should be inspected by a certified roofing inspector.
ii. Verification with applicable hurricane codes and requirements is not accomplished
as the particular requirements and codes in effect for the time of the construction would prevail.
c. Heating and air conditioning systems for functionality.
above grade, plumbing system components and fixtures. Septic systems are not included in our inspection process.
system to include openable and accessible panels and accessible outlets and switches.
f. Appliances evaluated for functional operation.
Included are stove, oven, dishwasher, water heater and exhaust fans.
g. Interior accessible and reachable areas consisting of walls, ceilings, floors,
doors and windows. We do not remove floor coverings or re-arrange furnishings.
h. Pools, spas and sprinklers systems are not checked
for leaks except for above ground, exposed plumbing and equipment.
i. Private well systems are evaluated at above grade
equipment only. Bacteria testing and water samples are not taken, analyzed or accomplished
at any property.
j. Mold testing and evaluations:
During the course of the inspection, areas indicated as wet or
damp or with evidence of previous water intrusions and associated stains and discolorations are all areas of concern that
could indicate the presence of, or future presence of, various conditions that are susceptible to the growth or formation
of, various types of mold. We currently do not offer mold testing/sampling or other laboratory testing or sampling.
Any repairs to these areas should be contracted through companies engaged in the business and within the guidelines
of any protocols regarding mold treatments, testing and abatement.
k. 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,
radon, Chinese drywall and other environmental hazards or violations.
2. This inspection consists of
a physical assessment of the condition of the components where they are accessible and visible. While every endeavor is made
to accurately report any and all visible adverse conditions, defects or concerns of these components, the client does acknowledge
that the inspector is a generalist and not a specialist and therefore is not technically exhaustive in the examination or
evaluation of the various components nor will the inspector be able to comment on, or report on, conditions that are not visible
and/or apparent or that would involve destructive testing or the removal of walls, coverings, ceilings, panels, personal furnishings
or other obstacles. This is not a “code” or “code compliance” inspection.
3. Although such premises and/or
equipment may be in a functional condition at the time of the inspection, the condition may change thereafter.
Therefore, we do not, under any circumstances, make any promises, representations, guarantees or warranties as to the
reported condition or the future condition of the components or the property. For this purpose, home warranties
are available from a number of sources (not offered by this company) and securing such a warranty for any age property or
component is always recommended.
4. The inspection and report are
for the use of client only. The client may give the inspector permission to discuss observations with real
estate agents, owners, repair persons and other interested parties at clients discretion. 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 from any liability whatsoever. Any third
parties who rely on the report in any way also agree to all provisions in this agreement.
5. This is to advise the client
that this report is not to be construed as a guarantee or warranty of the property or the equipment or components therein.
This is also to advise the client that there will be no liability or negligence assumed by the company or its inspectors
for any omissions or errors in judgment.
6. 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
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.
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. 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.
9. 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.
10. The company and/or its inspectors do hereby certify that they have no present, contemplated or future interest
in the property inspected and neither the employment to make the inspection nor the compensation for it is contingent upon
the inspection report.
11. Payment of the fee to inspector 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.
Executed this ________ day
of ________________, 2019: Client: ______________________________ Client: ______________________________
Please forward the executed agreement to Douglas Inspection Service, LLC via e-mail to email@example.com
or firstname.lastname@example.org prior to the beginning of this inspection. If you will be in attendance,
please bring the executed agreement with you.