Inspection Agreement

The following is only an excerpt from the actual inspection agreement.  To download the full inspection agreement in the Adobe PDF format please Click here.  If your computer can't read PDF files please click here to download the PDF reader.

The Parties Understand and Agree as follows:

1.  INSPECTOR GUARANTEES to perform a visual inspection of the home 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.  INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm.

3.  CLIENT understands that the inspection will be performed in accordance to the aforementioned Standards, which contain certain limitations, exceptions, and exclusions.

4.  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, repairpersons, and other interested parties.  INSPECTOR accepts no responsibility for use or misinterpretation by third parties.

5.  INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an 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.

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

7.  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.

8.  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.  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.

9.  Payment is due upon completion of the on-site inspection.  The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments.

10. CLIENT and INSPECTOR agree to submit all disputes related in any way to the obligations arising under this agreement for binding arbitration to the American Arbitration  Association and to use the “Standards of Practice” of the National Association of Certified Home Inspectors as the gauge.

11. CLIENT agrees that INSPECTOR’S liability for the negligent performance or non-performance of any of its obligations under this agreement shall be limited to the return of the fee paid by CLIENT or a dollar amount agreed to by both CLIENT and INSPECTOR prior to the signing of this agreement.

12. In addition, if the CLIENT or spouse is an attorney, it is agreed and understood that all claims arising out of this Agreement and/or the inspection shall be submitted for binding arbitration before a recognized arbitration association, at the CLIENT’S expense.  The parties shall be bound by the arbitrator’s determination and expressly waive all other legal remedies.

13.  This contract is subject to arbitration in the case of a default or breach hereunder, as governed by the Uniform Arbitration Act of Title 15, Chapter 48 of the South Carolina Code of Laws (Section 15-48-10 ET SEQ.).