AllSeasons Real Estate Services

770-843-7047                areshi@mindspring.com

Property address:

Inspection Agreement

Fee for the home inspection is $.  INSPECTOR acknowledges receiving a deposit of $ from CLIENT.

THIS AGREEMENT made this day of           , 2008, by and between Ben Swofford (Hereafter “INSPECTOR”) and the undersigned (hereinafter “CLIENT”), collectively referred to as “the parties.”  The Parties Understand and Voluntarily Agree as follows:

1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects the 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. Unless otherwise inconsistent with this Agreement or not possible, 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.  CLIENT understands that these standards contain certain limitations, exceptions, and exclusions.

3. 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.  INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components.  Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.

4. 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, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments 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.

5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he may inform the CLIENT that he 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.  Any agreement for such additional inspection shall be in a separate writing or noted here: _____________________________________________________________.

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 form any and all obligations or liability of any kind.

7. 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 adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claim.

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.  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 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 of the fee to INSPECTOR (less any deposit noted above) is due at the time 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.

Scope of the Inspection

The scope of this inspection is limited to conditions which are exposed and present at the time of the inspection.  All inspections are performed with Standards of Practice and certain conditions are randomly sampled.  This is not an inspection for Building Code violations, except in new home construction.  The intent of the inspection is to warn of major problems and unsafe conditions.  The inspection will not cover items which cannot be seen, moving of furniture, appliances, paintings and lifting of carpet, rugs and the like are not part of this inspection.

Items that are not within the scope of this inspection, but not limited to, are:  intercom systems, security systems and alarms, solar systems, water softener systems, environmental hazards (such as radon gas, asbestos, lead base paints), septic systems, microwave ovens, water purification systems, low voltage lighting, pools and spas for leaks, the inner workings of major systems (such as air conditioning systems, heat exchangers, etc.), phone wiring and TV cable wiring, utilities not turned on or service panel blocked or sealed, the lighting of pilot lights for natural gas appliances, and the uncovering of buried pipes or items.

Some items are tested or checked by examining a random sampling such as electrical receptacles (for polarity, ground, continuity, etc.), window operation, hardware and locking mechanisms, switch and light operation (light bulbs are not provided), circuit breaker or ground fault interrupt operation, cabinet drawer slide or door closure, hose bibs and plumbing fixture shutoff valves (note:  valves may be frozen due to lack of use or hard water and as such may not be tested).

The client acknowledges that the comments and notations in this report are limited to the visual clues observed at the time of the inspection and that the inspector offers no warranty, either expressed or implied, concerning the future operation or condition of any item inspected.

All properties will experience some problems after the inspection.  These are usually problems that served no warning clues that could have been interpreted at the time of the inspection.  The inspector does not represent himself as a specialist for any particular item.  If an item is reported as not working properly or in need of repair, it is incumbent upon you to have it examined by a specialist in that field before close of transaction.  If you should have any complaints with this inspection, you must immediately notify us by phone and in writing.  Repairs or replacement without consultation with the inspection company relieves the company of any and all liability.

We are not to be held responsible for items or things concealed, hidden or inaccessible during the inspection.  Claims for conditions observed or concealed must be made against the seller of the property.  The limit of our liability for any errors or omissions in this report shall be limited to the inspection fee.

CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from loss, damage or expense occasioned or claimed by reasons of acts of neglect of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject property.

CLIENT HAS CAREFULLY READ THE FOREGOING INSPECTION AGREEMENT AND SCOPE OF THE INSPECTION, AGREES TO IT, AND ACKNOWLEDGES RECIEPT OF A COPY OF THIS AGREEMENT.

___________________________________________                                                          ___________________

Client                                                                                                                      Date

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Inspector                                                                                                                 Date