Metro East Home Inspection, Inc.
Metro East Home Inspection, Inc.
Inspection Agreement
(Please read carefully)
Page 1 of 2
THIS AGREEMENT is made and entered into by and between Metro East Home Inspection, Inc., referred to as “Inspector”, ______________________________, referred to as “Client”.
In consideration of the promise and terms of this Agreement, the parties agree as follows:
1. Client will pay the sum of $___________ for the inspection of the “Property”, being the residence, and garage or carport, if applicable, located at ___________________________________________.
2. The Inspector will perform a visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. The inspection will not include an appraisal of the value or a survey. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind. The inspection does not determine whether or not the property is insurable.
3. The parties agree that the American Society of Home Inspectors “Standards of Practice” (the “Standards”) shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. A copy of the Standards is included with this report.
4. Systems. Items and conditions which are not within the scope of the building inspection include, but are not limited to radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards, pest infestation, security and fire protection systems, household appliances, humidifiers, paint, wallpaper, and other treatments to windows, interior walls, ceilings and floors, recreational equipment or facilities, underground storage tanks, energy efficiency measurements, concealed or private secured systems, water wells, heating system accessories, solar heating systems, sprinkler systems, water softener, central vacuum systems, telephone, intercom or cable TV systems; antennae, lighting arrestors, trees or plants; governing codes, ordinances, statutes and covenants and manufacturer specifications. Client understands that these systems, items and conditions are excepted from this inspection. Any general comments about these systems, items and conditions of the written report are informal and DO NOT represent an inspection.
5. Client understands that not all deficiencies are readily apparent and components which appear satisfactory may fail without notice. Inspector will use its best efforts to discover and report in accordance with the Standards, however Client should also seek information from the seller, if applicable, and report to Inspector any information Client discovers by Client’s own inspection or which is reported to Client by Seller. The parties understand and agree that the Inspector and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any unreported or misreported defects or deficiencies, either current or arising in the future nor for any property damage, consequential damage or bodily injury of any nature.
6. The Inspection and report are performed and prepared for the sole and exclusive use and possession of Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes a claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this agreement, Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, cost and attorney fees arising from such a claim.
7. Disclaimer. The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE, HABITABILITY OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
8. MANDATORY ARBITRATION. Any dispute, controversy, interpretation or claim including, but not limited to, claims for 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.
Continued on Page 2 of 2.
Metro East Home Inspection, Inc. Page 2 of 2
Inspection Agreement
(Please read Carefully)
9. LIMITATION OF DAMAGES – LIMITATION OF TIME TO SUE. In all cases the maximum amount of any and all damages whether in tort, contract or otherwise that can be recovered by Client against Inspector with regard to any Inspection Report is a refund of the cost of the inspection actually paid to Inspector by Client. In the event of a claim by Client that an installed system or component of the premises which was inspected by Inspector was not in the condition reported by the Inspector, if Client expects to try to make a claim against Inspector, Client shall notify Inspector at least 72 hours prior to removing, repairing or replacing such system or component and allow Inspector to inspect it. Any legal action must be brought within two (2) years from the date of inspection report or it is waived and forever barred.
10. Exclusions of systems normally inspected:
11. This Agreement, including the terms and conditions on pages 1 and 2, represents the entire agreement between the parties and there are no other agreements either written or oral between them. This agreement may be amended only by written agreement signed by both parties. This agreement shall be construed and enforced in accordance with the laws of the State of
Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. Client acknowledges receipt of the standards of practice which applies.
Signature: Date: _____________
Buyer Present: Yes No
Agent present: Yes No Agent’s Name:
Client agrees to release reports to seller/buyer/Realtor®: Yes No
By: Date:
Inspection #: 09120
Inspectors Address: 1091 12th Street Carlyle, IL 62231 License #: 450.003645
Revised 07/08/07
