STANDARD RESIDENTIAL INSPECTION AGREEMENT

/tr>
« back to results for ""
Below is a cache of http://www.homeinspectionservices.com/2008_Contract.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content.
STANDARD RESIDENTIAL INSPECTION AGREEMENT No legal action or proceeding of any kind, including those sounding in tort or contract,
can be commenced against Inspector/Inspection Company or its officers, agents, or em-
ployees more than one year from the date Client discovers, or through the exercise of
reasonable diligence should have discovered, the cause of action. In no event shall the
time for commencement of a legal action or proceeding exceed two years from the date of
the subject inspection. THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED
BY LAW.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their heirs, successors, and assigns.
This Agreement constitutes the entire integrated agreement between the parties hereto
pertaining to the subject matter hereof and may be modified only by a written agreement
signed by all of the parties hereto. No oral agreements, understandings, or representa-
tions shall change, modify, or amend any part of this Agreement.
Each party signing this Agreement warrants and represents that he/she has the full capac-
ity and authority to execute this Agreement on behalf of the named party. If the Agreement
is executed on behalf of Client by any third party, the person executing this Agreement ex-
pressly represents to Inspector that he/she has the full and complete authority to execute
this Agreement on Clients behalf and to fully and completely bind Client to all of the terms,
conditions, limitations, exceptions, and exclusions of this Agreement.
SEVERABILITY: Should any provision of this Agreement be held by a court of competent
jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agree-
ment shall remain in full force and effect, unimpaired by the courts holding.
MEDIATION: The parties to this agreement agree to attend, in good faith, mediation with a
retired judge or lawyer with at least 5 years of mediation experience before any lawsuit is
filed. All notices of mediation must be served in writing by return receipt requested allow-
ing 30 days for response. If no response is forthcoming the moving party may then demand
binding arbitration under the terms and provisions set forth below.
ARBITRATION: Any dispute, controversy, interpretation or claim including claims for, but
not limited to, breach of contract, any form of negligence, fraud or misrepresentation or
any other theory of liability concerning the interpretation or enforcement of this Agreement,
the inspection, the inspection report, or any other dispute arising out of, from or related to,
this contract or arising out of, from or related to the inspection or inspection report shall be
submitted to final and binding arbitration under the rules and procedures of the Expe-
dited Arbitration of Home Inspection Disputes of Construction Arbitration Services,
Inc. The decision of the arbitrator thereunder shall be final and binding and judgement of
the award may be entered in any court of competent jurisdiction.
2. Floor framing system
3. Under-floor ventilation
4. Foundation anchoring and cripple wall bracing
5.
Wood separation from soil
6. Insulation
B. The inspector is not required to:
1. Determine size, spacing, location, or adequacy of foundation bolting/bracing
components or reinforcing systems
2. Determine the composition or energy rating of insulation materials
SECTION 2 - Exterior
A. Items to be inspected:
1. Surface grade directly adjacent to the buildings
2. Doors and windows
3. Attached decks, porches, patios, balconies, stairways, and their enclosures
4. Wall cladding and trim
5. Portions of walkways and driveways that are adjacent to the buildings
B. The inspector is not required to:
1. Inspect door or window screens, shutters, awnings, or security bars
2. Inspect fences or gates or operate automated door or gate openers or their safety
devices
3. Use a ladder to inspect systems or components
STANDARD RESIDENTIAL INSPECTION AGREEMENT
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT - PLEASE READ IT CAREFULLY
SCOPE OF THE INSPECTION: The real estate inspection to be performed for Client is a sur-
vey and basic operation of the systems and components of a building which can be reached,
entered, or viewed without difficulty, moving obstructions, or requiring any action which may
result in damage to the property or personal injury to the Inspector. The purpose of the inspec-
tion is to provide the Client with information regarding the general condition of the building(s).
Inspector will prepare and provide Client a written report for the sole use and benefit of
Client. The written report shall document any material defects discovered in the buildings
systems and components which, in the opinion of the Inspector, are safety hazards, are not
functioning properly, or appear to be at the ends of their service lives.
The inspection shall be performed in accordance with the Standards of Practice of the
California Real Estate Inspection Association (CREIAsm), attached hereto and incorporated
herein by reference, and is limited to those items specified herein.
CLIENTS DUTY: Client agrees to read the entire written report when it is received and prompt-
ly call Inspector with any questions or concerns regarding the inspection or the written report.
The written report shall be the final and exclusive findings of Inspector.
Client acknowledges that Inspector is a generalist and that further investigation of a reported
condition by an appropriate specialist may provide additional information which can effect
Clients purchase decision. Client agrees to obtain further evaluation of reported conditions
before removing any investigation contingency and prior to the close of the transaction.
In the event Client becomes aware of a reportable condition which was not reported by
Inspector, Client agrees to promptly notify Inspector and allow Inspector and/or Inspectors
designated representative(s) to inspect said condition(s) prior to making any repair, alteration,
or replacement. Client agrees that any failure to so notify Inspector and allow inspection is a
material breach of this Agreement.
ENVIRONMENTAL CONDITIONS: Client agrees what is being contracted for is a building
inspection and not an environmental evaluation. The inspection is not intended to detect, iden-
tify, or disclose any health or environmental conditions regarding this building or property,
including, but not limited to: the presence of asbestos, radon, lead, urea-formaldehyde, fungi,
molds, mildew, PCBs, or other toxic, reactive, combustible, or corrosive contaminants, materi-
als, or substances in the water, air, soil, or building materials. The Inspector is not liable for
injury, health risks, or damage caused or contributed to by these conditions.
GENERAL PROVISION: The written report is not a substitute for any transferors or agents
disclosure that may be required by law, or a substitute for Clients independent duty to reason-
ably evaluate the property prior to the close of the transaction. The inspection Agreement, the
real estate inspection, and the written report do not constitute a home warranty, guarantee, or
insurance policy of any kind whatsoever.

RESIDENTIAL STANDARDS OF PRACTICE - FOUR OR FEWER UNITS
Part I. Definitions and Scope
These Standards of Practice provide guidelines for a real estate inspection and define certain terms
relating to these inspections. Italicized words in these Standards are defined in Part IV, Glossary of
Terms.
A. A real estate inspection is a survey and basic operation of the systems and components of
a building which can be reached, entered, or viewed without difficulty, moving obstructions, or
requiring any action which may result in damage to the property or personal injury to the Inspector.
The purpose of the inspection is to provide the Client with information regarding the general
condition of the building(s). Cosmetic and aesthetic conditions shall not be considered.
B. A real estate inspection report provides written documentation of material defects discovered in
the inspected buildings systems and components which, in the opinion of the Inspector, are safety
hazards, are not functioning properly, or appear to be at the ends of their service lives. The report
may include the Inspectors recommendations for correction or further evaluation.
C. Inspections performed in accordance with these Standards of Practice are not technically
exhaustive and shall apply to the primary building and its associated primary parking structure.
Part II. Standards of Practice
A real estate inspection includes the readily accessible systems and components or a representative
number of multiple similar components listed in SECTIONS 1 through 9 subject to the limitations,
exceptions, and exclusion