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| California Home Inspection AII Service Agreement WHAT YOUR INSPECTION INCLUDES AND DOES NOT INCLUDE We will make a limited visual inspection of the prominently visible and accessible areas of the property. The Inspection Report is a reasonable effort to assess DURABILITY and SERVICEABILITY of the property in its present state, and our analysis is limited to our written report. This is not an environmental inspection. We do not inspect for molds, fungi, pollen or any other environmental substances. The report does not evaluate “desirability” of the property. You should have already determined that this property is desirable using your own set of criteria. MOISTURE EQUALS MOLD - Moisture may be found in the structure during our visual inspection. If moisture is found, then it is scientifically known that moisture and mold are inter-related. We do not claim to have the background, education, or experience necessary to formulate an opinion as to the existence or non-existence of mold. If moisture is listed in any portion of the report, then we want our clients to understand that mold may also be present and that they should meet with the experts of their choice who have the background, education and to help them. THE INSPECTORS WILL ATTEMPT TO BE FAIR BY POINTING OUT BOTH THE STRONG AND WEAK POINTS OF THE PROPERTY. Home ownership brings with it the certainty that failures and repairs will. Your Home Inspection will not be able to predict all such occurrences, but a 2 or 3 hour investigation by our professional inspector, and the resulting Report, should provide you with a useful tool. Our inspections are not intended as a service call. Operable conditions of mechanical, electrical, plumbing devices or other items are only surmised from the visible evidence. No maintenance services, removal of cowling's, or destructive discovery can or will be performed. Should we locate an item that is not serviceable or creates doubt for our inspector then we will suggest that a licensed trade’s person be contacted to investigate further or make repairs. This inspection is not intended to detect every minor problem or condition that may exist in the building. Cosmetic deficiencies are to be considered obvious. It is understood that if such a listing is desired, this service is beyond the parameters of our regular Home Inspection and an additional fee will be assessed. You are encouraged to be on site at the time of inspection or arrive near the completion of our inspector’s evaluation, so that he/she can review the Report with you in person. If you are unable to attend, we will be happy to try and answer your questions by phone and can have your Report E-Mailed to you. Should an additional visit to the property be required, it will be billed at our hourly rate. The inspection will be performed in accordance with Standards of Practice of the American Institute of Inspectors. A copy of the Standards of Practice is available upon request. For equipment components not operated refer to the Standards of Practice. RISK OF BUYERS & SELLERS Buyers are always at risk. OUR VISUAL INSPECTION MAY ILLUMINATE SOME AREAS OF RISK, BUT CANNOT ELIMINATE IT. OUR INSPECTOR IS LIMITED TO THE EXISTING CLUES AND SYMPTOMS ON THE DAY OF OUR INSPECTION, AND WE CAN NOT IS LIABLE FOR NON-VISIBLE, OBSCURE, OR CONCEALED faults. Claims for concealed conditions, whether intentional or unintentional, must be made against the seller of the property. The most conscientious visual inspections are not capable of determining all conditions within a house. The inspector is not allowed to move furniture, to obtain access to systems or components. Even with our effort, these are some examples of the type of things our Inspection cannot be determine: 1. Improperly made wiring connections. Random outlets or switches that do not function. 2. Cracks in fireplaces, chimneys or liners. 3. A drafty or hard to heat home. 4. Roof, wall, or basement leaks that only occur under unusual conditions. 5. The inner workings of mechanical items. 6. Underground pipes, drains, or foundations Hazardous materials are beyond the scope of this inspection report. CODE COMPLIANCE Our inspections are one of “serviceability”, NOT Code Compliance. By necessity, our Inspection deals with existing structures, which may have older types of wiring, plumbing, heating, etc. As an illustration, most, local codes require ground fault interrupter circuits, insulation in the exterior walls, anchor bolts, and dozens of other items, which have not always been included in the building codes. These installations can be “serviceable”, even though they do not meet current codes, (or may not be desirable for current life styles). We assume that the “then current” codes were compiled without the time of construction The desirability of owning an older home design is a matter of taste and is the decision of the buyer. THE CONTENT OF OUR REPORT EXPLICITLY EXCLUDES COMMENTING ON “DESIRABILITY”. WARRANTIES AND INSURANCE The Inspection and Report is not intended to be construed as a guarantee or warranty, expressed or implied, including any implied warranty of merchant ability or fitness for use regarding the condition of the property, items and systems inspected, and it should not be relied upon as such. (Home Warranty Insurance Plans, which may insure appliances in the home, available at the Buyers option from other companies.) YOU SHOULD NOTE The conditions stated in our Report are NOT repair requirements or even suggestions. Some items on the Report are by definition, subjective and the “opinion only” of the Inspector stating the relative conditions encountered. Our intention is to provide an unbiased analysis. Our Inspector is not allowed to make repair suggestions or report on the quality of materials. Decisions regarding maintenance or repairs are left to you and your trade’s person. In addition, our Inspector is not allowed to answer the question: “Would you buy this home if you were me?” Our purpose is to create a Report that can help you in your decision, but you should not base the decision to buy solely on our Report. Your decision to purchase this home includes responsibility for the future maintenance of the grounds, structure, and mechanical/electrical/plumbing systems. Unfortunately, some home buyer's later wish that they had not bought their home. Because you are a thoughtful consumer, we do not expect that situation to develop. But in the unlikely event it should, your signature below waives the claim: “But for your inspection, I would not have bought this home...” and other such similar claims. Time is of the essence to this agreement. Paragraph titles and headings are not to be considered part of the agreement. ARBITRATION If you feel the inspection was negligent in some respect; you are personally expected to immediately communicate this IN WRITING to our address above. Communication must be from the original party originally contracting with us for our service. IF you call in contractors, you can expect subjective and biased opinions from their sales people. But we will respond to any legitimate complaint. We believe that the difference between a good company and a bad company is how they handle their mistakes, and we intend to be a good company. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation 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 Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the Arbitrator appointed hereunder shall be final and binding and judgment on the Award may be entered in any Court of competent jurisdiction. This agreement shall not, however, preclude seeking or obtaining a provisional remedy in aid of arbitration, including but not limited to injunction relief. The accepted standard against which the inspector will be judged will be the “Standards of Practice” as published by the American Institute of Inspectors. Property or equipment in dispute must be made accessible for re-inspection and arbitration. All inspectors will be judged against the performance of a reasonably fair and diligent inspection and not against results or occurrences. This written report supersedes any oral representation. No consideration will be given to those who fail to perform a complete pre-closing walk-through inspection. In any case, no remuneration will exceed the price of the initial inspection fee. Disputes settled through arbitration or litigation without favor to the client will mandate payment of fees at the hourly rate of time invested by our staff. FEES The fee for this inspection is $ Payable: At time of the inspection. The Inspection Fee is for the service performed on the property. Re-inspections, research, or expanded reports, (including disputed issues requiring investment of time by our staff), will be payable at the rate of $ 100.00 per hour. NOTE: This Company assumes no liability and shall not be liable for mistakes, errors or omission in judgment of its employees or principals beyond the cost of the Report. The limitation of liability shall include and apply to all consequential damages, bodily injury, and property damage of any nature. The inspection performed in connection with this service agreement does not include a Structural Pests and Dry Rot inspection. PERMISSION IS GRANTED TO PERFORM AN INSPECTION PER THE ABOVE AGREEMENT AND PAYMENT IS AGREED UPON PER THE BOX CHECKED ABOVE. I HAVE READ AND ACCEPT THIS AGREEMENT: INSPECTOR DATE APPROVED DATE One signature binds all parties: Buyer’s Signature Realtor as Agent for Buyer or Seller Seller’s /Owner’s Signature CAUTION: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT. There are two pages to this agreement |
SAMPLE AGREEMENT