Home Inspection Services Contract

Home Inspection Services Contract

A contract template for house inspection service. Anyone running a house inspection service can use this form for their clients. Form Preview
Turner Inspection Services Contract
  • Your Information

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  • Your Realtors Information

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  • Visual Home Inspection Contract

  • I. THE SERVICES

  • This is your Visual Home Inspection Contract (the "Contract"), by and between {fullName4} of {currentCity},{currentState} (the "Client" or "you"), Carl D Turner (the "Home Inspector"), and dba Turner Inspection Services, LLC, of Union, KY (“Company”) (collectively, the Home Inspector, the Company, and their agents and employees are referred to as the “Inspector”). In consideration of the fee(s) paid, the services, the mutual benefits, covenants and agreements contained in this contract, and other good and valuable consideration received, the parties agree as follows:

  • Client desires a general home inspection of {houseTo} (the "Property") and such additional services as are itemized below and inspector agree to perform the desired Services, on the terms and conditions set forth in this contract, for the service fee(s) stated below.

    SERVICES. By initialing where indicated, the Client confirms ordering, or rejects ordering, the services shown below (accepted services, including the general home inspection, are referred to collectively as the "Services") All services ordered are confirmed by check boxes below.

  • Prices

  • Additional fees apply if more than one trip to the Property is ordered for any reason. There is a $75.00 trip charge for each return trip if, for example, any utilities are off, the attic or crawl space is inaccessible, or any other system of component required to be inspected is inaccessible.

  • II. THE INSPECTION

  • 3. GENERAL HOME INSPECTION. The general home inspection (a "home inspection") is a visual analysis for the purpose of providing a professional opinion by a licensed home inspector of the condition of a residential dwelling and the dwelling’s attached garages and carports, any reasonably accessible installed components, and the operation of the dwelling’s systems, including any controls normally operated by the owner of the dwelling, for systems and components in the standards of practice established by the Kentucky Board of Home Inspectors and applicable law and regulations. The home inspection is conducted under the Standards of Practice (SOP) of the American Society of Home Inspectors, “ASHI” a copy of which is available at www.ASHI.org. The SOP and this Contract define the duties, standards of care, exclusions, limitations, and home inspection Services to be provided in full.

  • Condominiums, Etc. Home inspections do not include any property which is not conveyed to the Client. The home inspection does not include common areas or probable Association property, based solely on what is usual. Buyers always should obtain disclosures in a Condominium Sellers Certificate. Nothing in the home inspectors practice or report shall be deemed to be, or relied upon as, information, knowledge, or a professional opinion concerning exactly the property conveyed or any such matters.
    The purpose of a home inspection is to provide a written report of the visual findings and professional opinions of your Home Inspector concerning any accessible system or component of the home within the SOP that is significantly deficient and the Home Inspector’s recommendations to repair or monitor deficiencies reported, accompanied by a list of any
    systems or components that were designated for inspection in the Standards of Practice but that were not inspected and the reason it was not inspected.
    Home inspections are non-destructive (holes are not drilled in walls, for example), non-invasive (floor coverings and wall coverings are not pulled away, for example), subject to concealment and latent defects, and limited by law and the standards of practice. The Inspector does not move furniture, personal property, carpets, ceiling tiles, plants, soil, ice, debris or the like, which can limit or obstruct visibility, nor does the inspector ignite gas appliances or pilot lights, operate shutoff valves (for plumbing or gas, for example) or manual stop valves, or operate circuit breakers or the like. The Inspector does not operate any system that is shut down, does not respond to normal controls, or does not function properly. The Inspector does not inspect any area, system or component deemed unsafe or dangerous and does not perform any action likely to damage property (such as probing a finished surface). The Inspector inspects only that property to be conveyed to the client and does not, for example, inspect probable common elements or association property in multi-unit housing or condominiums. For all those reasons, it is possible a condition or problem may not be seen, or go undetected, and be unreported.

  • 4. YOUR HOME INSPECTION REPORT will be a written report, delivered electronically. The written inspection report is the complete and exclusive findings of the Inspector as to the home inspection. Conversations are preliminary impressions that are superseded by the written report. The report may not be modified or altered orally and may only be modified in writing. The Inspector reserves the right to modify the inspection report within forty-eight (48) hours after the inspection report is first delivered to the Client, after which time the report becomes final.

  • 5. NO WARRANTIES OR GUARANTEES. You are purchasing the Services only and NOT A WARRANTY OR OTHER GUARANTEE OF ANY KIND (OF FITNESS, MERCHANTABILITY, PERFORMANCE, OR ADEQUACY OF ANY INSPECTED ITEM, SYSTEM, OR COMPONENT), express or implied, or an insurance policy, of any dwelling, inspected structure, component, or system. Home Warranties are provided under your Residential Sales Contract or through sales agents. A home inspection and report supplements, but is not a substitute for, home warranties; Seller disclosure of property condition; Seller contract disclosures and representations, including lead; warranties and service contracts transferred by Seller under your Residential Sales Contract; other home warranty/insurance policies available; appraisals; other inspections; repairs or further evaluation recommended in your inspection report; local ordinance compliance such as smoke detectors; deed warranties; and your careful consideration of all factors including any decision to accept any condition "as is" as set out in your Residential Sales Contract. With respect to any property a buyer accepts “as is,” the Inspector shall stand in the same relation to the buyer as the real estate agents and brokers under the Residential Sales Contract, which is incorporated by this reference herein. The price of the Services above is based in substantial part on these provisions and you obtaining those warranties and assurances in addition to and outside of your home inspection and this Contract.

  • 6. EXCLUSIONS. A. "Code Compliance" Inspections. Home inspections do not include a code compliance inspection, or a HUD Code inspection for manufactured homes, by law.
    B. Environmental Hazards. The home inspection report does not address environmental hazards.
    Kentucky law, at KRS 198B.706, provides that environmental hazards include, under the Standards of Practice and authorities in this field, but are not limited to, the following: (a) air quality or the presence of air-borne hazards; (b) the presence of, or any damage caused by, any manner of biological activity or potentially hazardous animals, insects, or plants, including, but not limited to, wood destroying organisms or diseases harmful to humans including molds, fungus, or mold-like substances and their consequent physical damage, toxicity, odors, waste products, and noxiousness; (c) asbestos; (d) the presence of birds; (e) carcinogens or other chemical pollutants; (f) contaminants in soil, water, or air; (g) the existence of electro-magnetic fields; (h) the presence of flora or fauna; (i) the presence of lead in paint, pipes, etc.; (j) noise; (k) the sickness of any building; (l) toxins; (m) urea formaldehyde; (n) any hazardous waste condition; or (o) the effectiveness of any system or device installed to control or remove suspected hazardous substances. These are examples of “environmental hazards” for illustration only. Previously unrecognized environmental hazards are increasingly identified from time to time. This is not presented as a comprehensive list. All environmental hazards of any kind are subject to the rule that a home inspection report does not address environmental hazards.
    C. Standards and Other Exclusions. The SOP exclude certain systems or components from a home inspection, including, for example: swimming pools/spas, security or alarm systems, ponds, saunas, elevators, landscape lighting, intercoms, speaker systems, low voltage systems such as phone lines, cable lines, and antennae.
    Also excluded are any items not permanently installed and any valuation or appraisal of the Property. Appraisals are provided under standard Residential Sales Contracts and are outside the scope of a general home inspection.
    Other exclusions set out in the SOP, and in applicable law and regulations, also apply and are incorporated by this reference herein as if fully rewritten herei

  • 7. CONFIDENTIALITY & USE. No one else other than the Client, and no third party, shall rely on the inspection report or have any right arising from this Contract. Kentucky law prohibits the Inspector from disclosing any information concerning the results or content of the home inspection report without the written approval of the Client. You approve usual and customary disclosures, such as to real estate agents/brokers involved, unless you decide to withhold that consent. If you DO NOT want your Home Inspector to discuss your report with anyone but you, please select the option in the box below.

  • Authorized Name: {realtorName} Phone: {realtorPhone} Email: {realtorEmail}

    As a courtesy accommodation, the report will be disclosed only to the above named person.

  • In consideration of the inspector furnishing the inspection report to any person requested by the client, the client agrees to indemnify and hold harmless Inspector for all costs, expenses, legal fees, awards, settlements, and judgments in any legal proceeding brought by any third party who claims that he/she relied on representations made in such inspection report and was damaged thereby. Clients request that Inspector release copies of the inspection report shall be entirely at Client’s risk and neither the inspector nor the company assumes any responsibility of any kind with respect to the content or distribution of inspection reports to anyone other than the Client.
    The inspection and inspection report are valid only for the day when the inspection was performed. It is recommended that before a buyer closes and takes possession, the buyer either have the property re-inspected or conduct a final walk-through to get assurance all agreed upon repairs requested and other items (including the presence of systems and components noted in the inspection report) are present and satisfactory. The right to do so usually is part of the standard Residential Sales Contract. If it is not in your purchase contract, you may request such an additional inspection or walk-through as a contract amendment.

  • III. PROBLEMS AND DISPUTES

  • 8. COMPLAINTS. In the event you have any questions or complaints, please let us know right away. If you have a complaint concerning the inspection or the inspection report; believe that the inspection or the inspection report did not conform to the Standards of Practice or any applicable regulation; are concerned that any action or omission was negligent; think there was any breach of contract, fraud, misrepresentation, or have any other complaint of any kind whatsoever (a "Complaint"), you must notify the company and the inspector immediately. If you do not notify the Home Inspector and the Company, or if you begin repairing any defect or deficiency or making any building changes prior to notifying the Home Inspector and the Company in the absence of an emergency, the Client waives, and the Inspector and the Company shall be released from, any liability under this Contract and any claims Client may have against the Inspector. If you do not provide such notice within 365 days after you knew or should have known of the existence of said claims, you irrevocably waive and forever release all Complaints, claims, causes of action and the like. All notices set out under this Article III shall be delivered by certified mail return receipt requested. You agree to give the Inspector a reasonable opportunity to investigate your Complaint and the related conditions before beginning any non-emergency repairs or changes and to provide the Inspector with photographs of the condition(s) prior to any emergency repair. If non-emergency repairs or replacements are done without giving the Inspector reasonable notice, as set out in this Contract, the Inspector shall have no liability to the Client.

  • 8. "RIGHT TO CURE." CHAPTER 411 OF THE KENTUCKY REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE HOME INSPECTOR OF YOUR RESIDENCE. YOU MUST DELIVER TO YOUR HOME INSPECTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE THAT YOUR HOME INSPECTOR FAILED TO INCLUDE IN THE HOME INSPECTION REPORT AND PROVIDE YOUR HOME INSPECTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY
    OFFER MADE BY THE HOME INSPECTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.

  • 8. MEDIATION/ARBITRATION. A. Arbitration Agreement. It is agreed that all Complaints, controversies or disputes which may arise between you and the Inspector concerning the inspection, inspection report, this Contract, or the construction, performance or breach of this Contract or any other agreement between us, whether entered into prior to, on, or subsequent to the date of this Contract, including any controversy concerning whether an issue is arbitrable, shall be determined by arbitration conducted by an arbitrator or panel set up by either the Better Business Bureau in accordance with either the Bureau’s arbitration procedures. Arbitration shall follow an initial non-binding mediation. Any of us may initiate arbitration by serving on the other parties a written request. Any arbitration under this Contract shall be conducted pursuant to the Federal Arbitration Act, 9 U.S.C. §1 et. seq., and the laws of the Commonwealth of Kentucky. Judgment on any arbitration award may be entered in any court having jurisdiction. Notice of Demand for Mediation must be made within 365 days after the party raising the claim(s) knew or should have known of the existence of said claims and shall be coordinated with the procedures set out in the Residential Sales Contract. Any dispute or claim (including, without limitation, claims of fraud, misrepresentation, warranty, and/or negligence) of Client, seller, brokers, agents, or any of them for a sum greater than the limits of small claims court jurisdiction arising out of this Contract or breach thereof or arising out of or relating to the condition of the property covered by this Contract shall first be submitted to mediation and arbitration in accordance with the rules of the Better Business Bureau. Any agreement signed by the parties pursuant to the mediation conference shall be binding.
    If mediation does not result in an agreement signed by the parties, all such Complaints, claims or disputes shall be decided by binding arbitration in accordance with guidelines of the Better Business Bureau. The arbitration must occur within 365 days after the initial Demand for Mediation has been filed. An actual oral hearing shall be held unless the parties mutually agree otherwise in writing. Any proceeding to determine damages shall be conducted by an arbitrator pursuant to this paragraph 8 and not in court and shall be conducted within the Commonwealth of Kentucky. This paragraph 8 shall survive the closing and be construed in concert with the Residential Sales Contract for the same Property.
    B. Arbitration Disclosures. By signing an arbitration agreement, the parties agree as follows: (a) All of the parties to this agreement are giving up the right to sue each other in court, including the right to trial by jury, except as provided in the rules or guidelines of the arbitration forum in which the claim is filed.
    (b) Arbitration awards are generally final and binding. A Party’s ability to reverse or modify an arbitration award is very limited.
    (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
    (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the arbitrator or panel. The arbitrator or panel typically includes arbitrators who were or are affiliated with the real estate or construction industries. The rules or guidelines of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement. Forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement.
    C. Preservation. If any portion of this Dispute Resolution Article III is determined to be unenforceable, then the remainder shall be given full force and effect. The provisions of this section shall survive termination, amendment or expiration of this Agreement.

  • 9. LIMIT OF LIABILITY. A. General Limitation. The Inspector is not an insurer. Insurance, if any, shall be obtained by the Client. The amounts paid to the Inspector pursuant to the Contract are based entirely on and was solely for the value of the Services and the scope of liability set forth in this Contract and are unrelated to the value of the Client’s Property or prospective premises. Because of the limited visual analysis, home inspections cannot be expected to uncover all defects or deficiencies within a dwelling or the Property. As set out above, the Inspector makes no guaranty or warranty, including any implied warranty of merchantability or fitness, or that the inspection or home inspection report will avert or prevent failures, malfunctions, or adverse occurrences of the consequences from them, which the Services were required or designed to inspect or detect. It is impractical and extremely difficult to fix actual or consequential damages, if any, which may result from act or omission in connection with the Services or from failure of the Inspector to perform any of its obligations hereunder. THE CLIENT DOES NOT DESIRE THIS CONTRACT TO PROVIDE FOR FULL LIABILITY OF THE HOME INSPECTOR OR THE COMPANY INDIVIDUALLY OR JOINTLY AND AGREES THAT THE INSPECTOR SHALL BE EXEMPT FROM LIABILITY FOR LOSS, DAMAGE, OR INJURY DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES OR CONSEQUENCES THEREFROM, WHICH THE HOME INSPECTION OR INSPECTION REPORT IS REQUIRED OR DESIGNED TO DETECT, ANALYZE, OR REPORT; THAT IF THE INSPECTOR SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OR OTHER DEFICIENCY IN ANY OF THE SERVICES INCLUDING THE HOME INSPECTION OR INSPECTION REPORT IN ANY RESPECT, THE HOME INSPECTOR AND THE COMPANY JOINT LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO HOME INSPECTION SERVICE CHARGE OR $350, WHICHEVER IS GREATER, UNLESS THIS LIMIT IS INCREASED BY CLIENT’S ELECTION AND PAYMENT BELOW, EVEN IF A MISTAKE WAS MADE IN THE INSPECTION OR THE INSPECTION REPORT, AND THIS LIABILITY SHALL BE AGREED UPON DAMAGES AND NOT A PENALTY, AS THE EXCLUSIVE REMEDY, AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF THE HOME INSPECTOR, THE COMPANY, ITS AGENTS OR EMPLOYEES.

  • B. EXTENDED LIABILITY OPTION: For the reasons given above, the parties have agreed that liability is limited and that limitation is a principal source of the cost of the Services. IF THE CUSTOMER DESIRES THE INSPECTOR TO ASSUME ANY GREATER LIABILITY, CLIENT AND INSPECTOR SHALL AMEND THIS AGREEMENT BY CO-INITIALING THIS RIDER SETTING FORTH THE AMOUNT OF ADDITIONAL LIABILITY AND THE ADDITIONAL AMOUNT PAYABLE BY THE CLIENT FOR THE ASSUMPTION BY INSPECTOR OF SUCH GREATER LIABILITY PROVIDED, HOWEVER THAT THIS RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD INSPECTOR AS AN INSURER.

  • IV. MISCELLANEOUS

  • 10. CLIENT CAPACITY AND PARTIES NOT PRESENT. The person signing for the Client represents to the Inspector that he or she is the only Client or, if the customer is more than one person or entity, that he or she has full right, power, and authority to bind all of the clients when signing this Contract, and indemnifies the inspector and the company against any claims and liabilities of any kind of any person, entity, or customer that they are not bound by the signature and initials below. For purposes of this paragraph, a "customer" in a home inspection for the buyer is each and every person who will, or is reasonably likely to, own the home inspected to be conveyed to the Client upon closing, and any other person claiming by or through their rights or interests. A “customer” in any other inspection is the person or persons who may be adversely affected by the inspection report or contemplated transaction involving the property inspected, including the owner. The undersigned person and all other persons or entities bound thereby are the “Client.”
    11. COSTS AND RETURNED CHECKS. Any check not honored upon deposit for any reason will incur a $50.00 servicing charge. Client agrees to pay all reasonable costs of collection including reasonable attorney’s fees and costs in the event the check has not been paid in full, with the servicing charge, within thirty (30) days from the date on the check. The report may be withdrawn at any time, and you are not entitled to rely on it, until full payment is made.

  • 12. ENTIRE AGREEMENT. This Contract, coupled with the written inspection report, is the entire agreement among the parties. No statements or representations, verbal or otherwise, made prior to execution of this Contract, or in the course of any inspection, not expressly set out in this Contract or the written report, may be relied upon for any purpose. This Contract supersedes all prior agreements, understandings or representations of any kind and no oral agreements, understandings or representations shall change, modify or amend any part of this agreement. No change, modification or amendment of this Contract shall be enforceable against any party unless it is in writing and signed by all parties. This Contract shall be binding upon and inure to the benefit of the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.

  • 13. PRESERVATION. If any portion of this Contract is found to be invalid, voidable, or unenforceable by any court, arbitrator or other forum, the remaining terms shall remain in full force between the parties and be given full effect to the fullest extent permitted by law.

  • 14. CHOICE OF LAW. This Contract and its enforcement shall be governed by the laws of the Commonwealth of Kentucky and federal law as applicable, including the Federal Arbitration Act, which shall govern in a conflict of law, if any, as to claims subject to arbitration or contract formation.

  • By signing below, the parties witness their agreement to the foregoing Contract terms and conditions. ATTENTION IS DIRECTED TO THE DISCLAIMER OF WARRANTIES, LIMIT OF LIABILITY AND OTHER CONDITIONS ABOVE.

  • This is a legally binding Contract. There is no rescission period following the signing of this Contract. The parties to this Contract have read its entire contents and acknowledge receipt of a copy. It is agreed that all terms and conditions pertinent hereto are included in this writing and no verbal agreements or understandings of any kind shall be binding on the parties. The deletion, alteration, or unenforceability of any provision of this Contract shall not affect the enforceability of this Contract. Client acknowledges they have not relied upon the advice or representations of the Inspector regarding, among other things, legal or tax consequences of this Contract and Client acknowledges that if such matters have been of concern to them, they have sought and obtained independent advice relative to all such matters.

  • By typing your full name in the box below it constitutes a legally binding signature.

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